Indiana Law Review mcS Volume 27 No. 2 1993 ARTICLES A Brief Defense of the Supreme Court's Approach to the Interpretation of the Federal Rules of Evidence Edward /. Imwinkelried Panhandlers at Yale: A Case Study in the Limits of Law Brandt J. Goldstein The Essential Purpose and Analytical Structure of Personal Jurisdiction Law Roy L. Brooks NOTES Changing Sexual Assault Law and the Hmong Catherine Trevison Networking Software Copyrights and the Semiconductor Chip Protection Act: A Study of Legal Protection for Application Specific Integrated Circuit Technology Leland 5. Paynter Anti-Stalker Legislation: A Legislative Attempt to Surmount the Inadequacies of Protective Orders Lowell T. Woodsy Jr. CASE NOTE Is Justice Kennedy the Supreme Court's Lone Advocate for the Coercion Element in Establishment Clause Jurisprudence? An Analysis of Lee v. Weisman Timothy C. 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Opinions expressed are those of the contributor and are not presented as the views of the Indiana Law Review, its editors, or Indiana University School of Law—Indianapolis. Indiana Lai^i^ Revieir Volume 27 1993 Number 2 Copyright © 1993 by the Trustees of Indiana University TABLE OF CONTENTS ARTICLES A Brief Defense of the Supreme Court's Approach to the Interpretation of the Federal Rules of Evidence Edward J, Imwinkelried 161 Panhandlers at Yale: A Case Study in the Limits of Law Brandt J, Goldstein 295 The Essential Purpose and Analytical Structure of Personal Jurisdiction Law Roy L, Brooks 361 NOTES Changing Sexual Assault Law and the Hmong Catherine Trevison 393 Networking Software Copyrights and the Semiconductor Chip Protection Act: A Study of Legal Protection for Application Specific Integrated Circuit Technology Leland S. Paynter 415 Anti-Stalker Legislation: A Legislative Attempt to Surmount the Inadequacies of Protective Orders Lowell T. Woods, Jr. 449 CASE NOTE Is Justice Kennedy the Supreme Court's Lone Advocate for the Coercion Element in Establishment Clause Jurisprudence? An Analysis of Lee v. Weisman Timothy C. Caress 475 Volume 27 Number 2 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. Subscrip- tion rates: one year $25; foreign $28. 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. QKj The entire text of this Law Review is printed on recycled paper. Indiana University School of Law—Indianapolis 1993-94 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Thomas M. Ehrlich, President of the University and Professor of Law. LL.B., Harvard University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law, J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Thomas B. Allington, Associate Dean for Academic Affairs and Professor of Law. J.D., University of Nebraska; LL.M., New York University. Arlene G. Anderson, Assistant Dean for Student Affairs, J.D., Indiana University — Indianapolis. JoNNA M. Kane, Assistant Dean for External Affairs. J.D., Indiana University—Indi- anapolis. JoNi D. Thompson, Assistant Dean for Development. M.S., Ball State University. Angela M. Espada, Assistant Dean for Admissions. J.D., Indiana University—Bloom- ington. George Dremonas, Career Services Specialist. J.D., Indiana University—Indianapolis. Faculty Cynthia M. Adams, Lecturer in Law. B.A., Kentucky Wesleyan College, J.D., Indiana University—Indianapolis. Thomas B. Allington, Associate Dean and Professor of Law. B.S., J.D., University of Nebraska; L.L.M., New York University. Edw^ard p. Archer, Professor of Law. B.M.E., Rensselaer Polytechnic Institute; J.D., L.L.M., Georgetown University. James F. Bailey, III, Professor of Law and Director ofLaw Library. A.B., J.D., M.A.L.S., University of Michigan. Gerald L. Bepko, Vice President, Chancellor and Professor of Law. B.S., Northern Illinois University; J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Robert Brookins, Associate Professor of Law. B.S., University of Southern Florida; J.D., Ph.D., Cornell University. Daniel H. Cole, Assistant Professor of Law. A.B., Occidental College; A.M., University of Chicago; J.D,, Lewis and Clark College; J.S.M., Stanford Law School. Paul N. Cox, Professor of Law. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Clyde Harrison Crockett, Professor of Law. A.B., J.D., University of Texas; LL.M., University of London (The London School of Economics and Political Science). Debra a. Falender, Professor of Law. A.B., Mount Holyoke College; J.D., Indiana University—Indianapolis . David A. Funk, Professor of Law. A.B., College of Wooster; J.D., Case Western Reserve University; M.A., The Ohio State University; LL.M., Case Western Reserve University; LL.M., Columbia University. Paul J. Galanti, Professor of Law. A.B., Bowdoin College; J.D., University of Chicago. Helen P. Garfield, Professor of Law. B.S. J., Northwestern University; J.D., University of Colorado. Harold Greenberg, Professor of Law. A.B., Temple University; J.D., University of Pennsylvania. Jeffrey W. Grove, Professor of Law. A.B., Juniata College; J.D., George Washington University. Frances W. Hardy, Clinical Assistant Professor of Law. B.S., Ball State University; J.D., Indiana University—Indianapolis. William F. Harvey, Carl M. Gray Professor of Law & Advocacy. A.B,, University of Missouri; J.D., LL.M., Georgetown University. Paul T. Hayden, Assistant Professor of Law. B.A., Yale University; J.D., University of California, Los Angeles. W. Willlam Hodes, Professor of Law. A.B., Harvard College; J.D., Rutgers Newark. Law^rence a. Jegen, III, Thomas F. Sheehan Professor of Tax Law and Policy. A.B., Beloit College; J.D., M.B.A., The University of Michigan; LL.M., New York Uni- versity. Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois. William Andrew Kerr, Professor of Law. A.B., West Virginia University; J.D., LL.M., Harvard University; B.D., Duke University. Eleanor D. Kinney, Professor of Law and Director of the Center for Law and Health. B.A., Duke University; M.A., University of Chicago; J.D., Duke University; M.P.H., University of North CaroHna. Walter W. Krieger, Associate Professor of Law. A.B., Bellarmine College; J.D., Uni- versity of Louisville; LL.M., George Washington University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; L.L.M., Georgetown University. Deborah McGregor, Lecturer in Law. B.A., University of Evansville; J.D., Georgetown University. WiLLLAM E. Marsh, Professor of Law. B.S., J.D., University of Nebraska. SusANAH M. Mead, Professor of Law. B.A., Smith College; J.D., Indiana University — Indianapolis. Mary H. Mitchell, Professor of Law. A.B., Butler University; J.D., Cornell Law School. James P. Nehf, Assistant Professor of Law. 6.A., Knox College; J.D., University of North Carolina. Thomas R. Newby, Lecturer in Law. A.B., J.D., Indiana University—Bloomington. Leslye a. Obiora, Assistant Professor of Law. LL.B., University of Nigeria; LL.M., Yale Law School; J.S.D. Candidate Stanford Law School. David R. Papke, Professor of Law and American Studies. A.B., Harvard College; J.D., Yale University; M.A. in American Studies, Yale University; Ph.D. in American Studies, The University of Michigan. Ronald W. Polston, Professor of Law. B.S., Eastern lUinois University; LL.B., University of lUinois. Fran Quigley, Visiting Assistant Professor of Law. B.A., Hanover College; M.A., Indiana University—Bloomington; J.D., Indiana University—Indianapolis. Joan M, Ruhtenberg, Director of Legal Writing. B.A., Mississippi University for Women; J.D., Indiana University—Indianapolis. Andrew T. Solomon, Lecturer in Law. A.B., University of Michigan; J.D., Boston University. Kenneth M. Stroud, Professor of Law. A.B., J.D., Indiana University—Bloomington. James W. Torke, Professor of Law. B.S., J.D., University of Wisconsin. Joanne Orr Van Pelt, Visiting Assistant Professor. J.D., California Western. James Patrick White, Professor of Law and Consultant on Legal Education to the American Bar Association. A.B., University of Iowa; J.D., LL.M., George Washington University. Lawrence P. Wilkins, Professor of Law. B.A., The Ohio State University; J.D., Capital University Law School; LL.M., University of Texas. Mary T. Wolf, Director of Clinical Programs. B.A., Saint Xavier College; J.D., University of Iowa College of Law. Emeriti Agnes P. Barrett, Associate Professor Emerita. B.S., J.D,, Indiana University. Cleon H. Foust, Professor Emeritus. A.B., Wabash College; J.D., University of Arizona. Melvin C. Poland, Cleon H. Foust Professor of Law Emeritus. B.S., Kansas State University; LL.B., Washburn University; LL.M., University of Michigan. R. Bruce Townsend, Cleon H. Foust Professor of Law Emeritus. A.B., Coe College; J.D., University of Iowa. Law Library Faculty James F. Bailey III, Professor and Director of Law Library. A.B., J.D., M.A.L.S., University of Michigan. Minde C. Glenn, Assistant Director for Readers' Services. B.A., Western Michigan University; M.L.S., Indiana University. Chris E. Long, Visiting Catalog Librarian. B.A., Indiana University; M.A., Indiana University; M.L.S., Indiana University. Mahnaz K. Moshfegh, Acquisition/Serials Librarian. B.A., National University of Iran; M.S., Tehran University; M.A., Ball State University; M.L.S. , Ph.D., Indiana Uni- versity. Kiyoshi Otsu, Computer System Specialist and Catalog Librarian. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois. Terence L. Rose, Reference Librarian. B.G.S., M.L.S., University of Michigan