Indiana Law Review Periodical Collection Volume 23 No. 1 1990 ARTICLES .awyer Ethics and the Corporate Employee: Is the Employee Owed More Protection Than the Model Rules Provide? Kathryn IV. Tate Enhancing Self-Determination Through Guardian Self-Declaration Gerry W. Beyer CASE NOTE The RICO/CRRA Trap: Troubling Implications for Adult Expression Ken Nuger ESSAY Judge Hiirs Rule Winton D. Woods NOTES The Life of Riley: Complete First Amendment Protection Versus Deferential Commercial Speech Standards for Professional Fundraising Solicitors The Impact of the Creation of the Court of Appeals for the Federal Circuit on the Availability of Preliminary Injunctive Relief Against Patent Infringement With West s coordinated legal research system^ youve got what it takes to cut your research time and cost. West Books & WESTLAW Get the information you need, when you need it, in the most convenient, economical form. The West legal research system makes it possible. West books and WESTLAW work together, yet each provides unique advantages that allow you the flexibility to choose the best tool for your research. See what West's coordinated legal research system can do for you. Contact your local West Sales Representative or call 1-800-328-9352 (0-612-688-3600 in MN). There's no obligation. H WEST PUBLISHING CO. Key Number Power. A Winning Tradition © 1 990 WEST PUBLISHING COMPANY 7-9286/1 -90 206480 Decisions, Dedaons, Decisions. «Q lA>Vvrt.&»^ Every week, there are over 1,000 decisions rendered by the federal appellate courts, federal district courts, and state courts. Many will affect your clients. But you can't possibly review them all. So how do you decide which to read.^ Put BNA's U.S. Law Week to work. Each year the lawyers who edit Law Week screen over 50,000 state and federal opinions for you and report digests and text ofonly the most important ones in all areas ofthe law With Law Week every week, it takes just a few minutes to keep up with critical decisions you must know about to successfully represent your clients. See for yourself Call for a free sample issue today Then make your own decision to subscribe. For a sample issue ofLaw Week, call toll-free: 1-800-372-1033. People whoknowlaw,knowBNA. THE BUREAU OF NATIONAL AFFAIRS, INC. 1231 25th Street, N.W, Washington, D.C. 20037 Indiana National on the subject of options Investment Option Minimum investment IVIaturities Credit Income Benefits Tax-Exempt Municipal Bonds/ Unit Investment Trusts $ 5,000 1,000 To 30 Years Backed by Issuer Semi-Annual Coupon/ Monthly, Quarterly, Semi-Annual Exempt from Federal Income Tax for Corpo- rations, and from State and Federal Tax for Individuals.* Money Market Funds 1,000 Day to Day Issuing Fund Monthly High current income, preservation of capi- tal, easy withdrawal procedures. Share value stability & check writing redemption. Mutual Funds 250 Open End Funds Issuing Fund Monthly High current return, monthly income, liquid- ity, high quality portfolios. U.S. Treasury Bills 10,000 One Year or less Direct Obligations of U.S. Treasury Discount to Maturity High quality extremely liquid, state tax exempt.* U.S. Treasury Notes 5,000 1,000 1 - 3 Years 3 - 10 Years Direct Obligations of U.S. Treasury Somi-Annual Coupon High quality extremely marketable, state tax exempt.* U.S. Treasury Bonds 1,000 Over 10 Years Direct Obligations of U.S. Treasury Semi-Annual Coupon High quality extremely marketable, state tax exempt * Discount Notes: Primarily Federal Home Loan Banks, FNMA, Federal Famn Credit Banks 10,000 30 to 360 Days Issuing Agency At Maturity May offer higher yields and smaller mini- mums than Treasury issues. High quality and extremely liquid.* Federal Farm Credit, FNMA, Federal Home Loan Banks 1,000 5,000 10,000 6 Months to 30 Years Issuing Agency At Maturity or Semi-Annual Coupon May offer higher yields and smaller mini- mums than Treasury issues. High quality and good marketability* Bankers Acceptances 100,000 10 Days to 270 Days Guaranteed by Issuing Bank Discount to Maturity High quality and extremely liquid.* Commercial Paper 100,000 To 270 Days Backed by Issuer At Maturity or Discount to Maturity High yields, good marketability highly liquid.* * Possible market risk if sold before maturity date. Have you considered all your options? Investment banking from Indiana National You may not have thought of Indiana National as a source of Investment banking. But we're one of Indiana's major marketers of tax-exempt municipal bonds and notes, government and agency securities. Reaching your investment goals Our account executives have proven their capabilities and market insights by assisting clients in the acquisition of over $32 billion in fixed income securities during the last five years. And because they focus on safety, liquidity and rate of return, they provide the kind of securities that meet clients' investment objectives. Managing your investment plan At Indiana National you receive individualized attention to your investment goals. And you benefit from our decades of experience In personal service and prompt execution of trades. The next time you're ready to make an Investment, think of Indiana National. Because, when It comes to meeting your Investment objectives, we've got all the options. Call 1-800-382-1102 or (317) 266-6829 for more Information. ^ Indiana National Investment Banking Division Member FDIC A SPECIAL MEMBERSHIP THE GOLD card: OPPORTUNITY. FOR GRADUATE THE GOLD card: Apply today. 1-800-325-GRAD (4723) EXCLUSIVELY. Take advantage of this special oppor- tunity to become a Gold Card member. American Express will approve your ap- plication based upon your status as a graduate student. As long as any previ- ous experience you may have had v^iith American Express is satisfactory and you have no negative credit history, you will soon be carrying the Gold Card. To apply for the Gold Card, call our toll free number, day or night, seven days a week. There is no lengthy appli cation to complete. Acquire the Gold Card and you can begin enjoying the many benefits of this distinguished membership. Worldwide charge and check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimen- tary 24-hour, toll-free travel service. The Purchase Protection" Plan which covers almost any product you purchase with your Gold Card. The Gold Card. Don't miss this excep tional opportunity to become a Gold Card member under the Special Graduate Student criteria. © 1990 American Express Travel Related Services Company. In 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, $22; Foreign, $25; Survey, $15; Single Issue, $7 Indiana Laiv Revieiv Volume 23 1990 Number 1 Copyright © 1990 by the Trustees of Indiana University TABLE OF CONTENTS Articles Lawyer Ethics and the Corporate Employee: Is the Employee Owed More Protection Than the Model Rules Provide? Kathryn W. Tate 1 Enhancing Self-Determination Through Guardian Self-Declaration Gerry W. Beyer 71 Case Note The RICO/CRRA Trap: Troubling Implications for Adult Expression Ken Nuger 109 Essay Judge Hill's Rule Winton D. Woods 137 Notes The Life of Riley: Complete First Amendment Protection Versus Deferential Commercial Speech Standards for Professional Fund- raising Solicitors , 145 The Impact of the Creation of the Court of Appeals for the Federal Circuit on the Availability of Preliminary Injunctive Relief Against Patent Infringement 169 Volume 23 1990 Number 1 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof. Subscription rates: one year $22; foreign $25. Please notify us one month in advance of any change in 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, Indiana 46202. Second class postage paid at Indianapolis, Indiana 46201. POSTMASTER: Send address changes to INDIANA LAW REVIEW, 735 West New York Street, Indianapolis, In- diana 46202. Indiana La^v Revieiv Volume 23 1989-1990 Editor-In-Chief David B. Boodt Executive Editors Articles and Production Notes and Topics Timothy N. Thomas Karen A. Jordan Articles Editors EHzabeth L. DuSold Kevin R. Knight James Scott Fanzini Deborah Wiers Vincent EHzabeth A. Gamboa Robert W. Wright Business Editor and Survey Coordinator Mark A. Drummond Note Development Editors Thomas G. Burroughs Marya D. Mernitz Emily S. Lau s^ Katherine L. Moyer Rosemary J. Thomas Associate Elizabeth Moran Behnke D. Randall Brown Andy Detherage Mary Kay Fleming Julia A. Grote Amy E. Hamilton Lori A. Hitz Robert C. Hussle Charles D. Kirk Editors David S. Koenig Bruce D. Laconi Neil E. Lucas Christopher M. Maine WilHam A. Morrison Kelly Joe Norton Jacqueline Bowman Ponder Lisa Tiberend-Slawson Michelle J. Uebelhoer Editorial Assistant Amy Morrison Grubbs Faculty Advisor David P. Leonard Indiana University School of Law—Indianapolis 1989-1990 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Thomas M. Ehrlich, LL.B., President of the University Gerald L, Bepko, LL.M., Vice-President Norman Lefstein, LL.B., Dean James F. Bindley, J.D., Assistant Dean for Administration Debra a. Falender, J.D., Acting Assistant Dean of Administration Lawrence P. Wilkins, LL.M., Associate Dean for Academic Affairs Faculty Thomas B. Allington, Professor. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Edward P. Archer, Professor. B.M.E., Rensselaer Polytechnic Institute, 1958; J.D., Gerogetown University, 1962; LL.M., 1964. James F. Bailey, III., Professor and Director of Law Library. A.B., University of Michigan, 1961; J.D., 1964; M.A.L.S., 1970. Gerald L. Bepko, Vice President and Professor. B.S., Northern Illinois University, 1962; J.D., IIT/Chicago-Kent College of Law, 1965; LL.M., Yale University, 1972. James F. Bindley, Assistant Dean for Administration and Director of Placement & Develop- ment, B.A., Loyola University, 1969; J.D., University of Kentucky. 1972. Paul N. Cox, Professor. B.S., Utah State University, 1972; J.D., University of Utah, 1974; LL.M., University of Virginia, 1980. Clyde Harrison Crockett, 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, Professor & Associate Dean for Student Affairs. A.B., Mount Holyoke College, 1970; J.D., Indiana University, 1975. David A. Funk, Professor. A.B., College of Wooster, 1949; J.D., Case Western Reserve University, 1951; M.A., The Ohio State University 1968; LL.M., Case Western Reserve University, 1972; LL.M., Columbia University, 1973. Paul J. Galanti, Professor. A.B., Bowdoin College, 1960; J.D., University of Chicago, 1963. Helen P. Garheld, Professor. B.S.J., Northwestern University, 1945; J.D., University of Colorado, 1967. Harold Greenberg, Professor. A.B., Temple University, 1959; J.D., University of Pennsylvania, 1962. Jeffrey W. Grove, Professor. A.B., Juniata College, 1965; J.D., George Washington Univer- sity, 1969. Welllai^ F. Harvey, Carl M. Gray Professor of Law. A.B., University of Missouri, 1954; J.D., Georgetown University, 1959; LL.M., 1961. Paul T. Hayden, Assistant Professor. B.A., Yale University, 1979; J.D., University of California, Los Angeles, 1984. W. William Hodes, Professor. A.B., Harvard College, 1966; J.D., Rugters Newark, 1969. Lisa C. Ikemoto, Assistant Professor. B.A., University of California, Los Angeles, 1984; J.D., University of California, Davis, 1987; L.L.M., Columbia, 1989. Lawrence A. Jegen, IIL, Thomas F. Sheehan Professor of Tax Law and Policy, 1982. A.B., Beloit College 1956; J.D., The University of Michigan 1959; M.B.A., 1960, LL.M., Harvard University, 1963. Henry C. Karlson, Professor. A.B., University of Illinois, 1965; J.D., 1968; LL.M., 1977. Willlu^ Andrew Kerr, Professor. A.B., West Virginia University, 1955. J.D., 1957, LL.M., Harvard University, 1958; D.B., Duke University, 1968. Eleanor D. Kinney, Associate Professor. A.B., Duke University, 1969; M.A., University of Chicago, 1970; J.D., Duke University, 1973. Walter W. Krieger, Associate Professor. A.B., Bellarmine College, 1959; J.D., University of Louisville, 1962; LL.M., George Washington University, 1969. Norman Lefstein, Dean and Professor. LL.B., University of Illinois, 1961; LL.M., Georgetown University, 1964. David P. Leonard, Professor. B.A., University of California at San Diego, 1974; J.D., UCLA School of Law, 1977. William E. Marsh, Professor. B.S., University of Nebraska, 1965; J.D., 1958. SusANAH M. Mead, Professor. B.A., Smith College, 1969; J.D., Indiana University, 1976. Mary H. Mitchell, Professor. A.B., Butler University, 1975; J.D., Cornell Law School, 1978. James P. Nehf, Assistant Professor. B.A., Knox College, 1979; J.D., University of North Carolina, 1983. David R. Papke, Associate Professor. A.B., Harvard College, 1969; J.D., Yale Law School, 1973; M.A., in American Studies, Yale University, 1973; Ph.D., in American Studies, The University of Michigan, 1984. Ronald W. Polston, Professor. B.S., Eastern Illinois University, 1953; LL.B., University of Illinois, 1958. 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. Joe a. Tucker, Assistant Professor. B.A., Houston, 1977; J.D., University of Texas, 1981. James Patrick White, Professor of Law. A.B., University of Iowa, 1953; J.D., 1956; LL.M., George Washington University, 1959. Lawrence P. Wilkins, Professor. B.A., The Ohio State University, 1968; J.D., Capital University Law School, 1973; LL.M., University of Texas School of Law, 1974. Mary Wolf, Director of Clinical Programs, B.A., Saint Xavier College, 1969; J.D., University of Iowa College of Law, 1974. Emeriti Agnes P. Barrett, Associate Professor Emeritus. B.S., Indiana University, 1942; J.D., 1964. Cleon H. Foust, Professor Emeritus. A.B., Wabash College, 1928; J.D., University of Arizona, 1933. John S. Grimes, Professor of Jurisprudence Emeritus. A.B., Indiana University. 1929; J.D., 1931. Melvin C. Poland, Cleon H. Foust Professor of Law Emeritus. B.S., Kansas State University, 1940; LL.B., Washburn University. 1949; LL.M., The University of Michigan, 1950. R. Bruce Townsend, Cleon H. Foust Professor of Law Emeritus, A.B., Coe College, 1938; J.D., University of Iowa, 1940. Legal Writing Instructors Deborah B. McGregor, B.A., University of Evansville, 1973; J.D., Georgetown University Law Center, 1983. Tracy A. Nelson, B.A., University ofDenver, 1981; J.D., Indiana University, Indianapolis, 1985. David A. Reidy, Jr., B.A., DePauw University, 1984; J.D., Indiana University, Bloomington 1987. Joan Ruhtenberg, Director of Legal Writing. B.A., Mississippi University Women, 1959; J.D., Indiana University, 1980. Law Library Staff MiNDE C. Glenn, Reference Librarian, B.A., Western Michigan University, 1979; M.L.S., Indiana University, 1980. Wendell E. Johnting, Asst. Directorfor Technical Services, A.B., Taylor University, 1974; M.L.S., Indiana University, 1975. Mahnaz K. Moshfegh, Acquisitions/Serials Librarian, B.A., National University of Iran, 1966; M.S., Tehran University, 1971; M.A., Ball State University, 1977; M.L.S., Indiana University, 1983; Ph.D., Indiana University, 1988. Kiyoshi Otsu, Catalog Librarian, A.A., Parkland College, 1976; A.B., University of Illinois, 1980; M.S., 1982; C.A.S., 1983. Merlin P. Whiteman, Asst. Director for Readers' Services, B.A., Hope College, 1973; M.L.S., Indiana University, 1974; J.D., 1982. Dedication In Memorial George W. Gard President, Western Newspaper Publishing Co., Inc. 1921-1989 This issue of the Indiana Law Review is dedicated to the memory of George W. Gard in appreciation of his special interest in, and devo- tion to, the Indiana Law Review and its staff for the past 23 years.