Indiana Law Review ''periodical I Volume 28 No. 3 1995 CENTENNIAL YEAR 1894/1895—1994/1995 SYMPOSIUM uction: Nationalism, Identity, and Law ^ Lawrence M. Friedman Identity as Idiom: Mashpee Reconsidered i Jo Carrillo The Logic of the Modern Nation-State and the Legal Construction of Native American Tribal Identity Richard Warren Perry New Skin, Old Wine: (En)gaging Nationalism, Traditionalism, and Gender Relations L. Amede Obiora Passionate Attachments: Reflections on Four Myths of Nationalism June Starr ARTICLES Actually Shutting Down the Virtual Multistate Corporation Michael D. Weiss Toward a Bioethics Of Compassion Michael H. Cohen NOTES Legalizing Patent Infringement: Application Of The Patent Exhaustion Doctrine To Foundry Agreements R. Trevor Carter There Goes the Neighborhood: Notifying the Public When a Convicted Child Molester is Released Into the Community Elizabeth Kelley Cierzniak The Immunity of Intangible Assets from a Writ of Execution: Must We Forgive our Debtors? Doreen J. Gridley Recognizing the Child's Consortium Action by Denying the Spouse's Melissa S. York Career Move, i No doubt you plan to start a successful legal career soon, so here's a tip: Start reading Law Week now. While you're still in law school. Why? Because top attorneys nationwide read Law Week every week, and as you know, it's never a bad idea to follow in the footsteps of the best. But more importantly — Law Week gives you complete coverage of today's most important cases, with immediate notification of precedent- setting court decisions in every legal field, plus unparalleled Supreme Court reporting. Indeed, Law Week puts you on the cutting edge of American law. What better way to start a successful legal career. Make your move now. Ask your professor for details on Law Week^s low student rates today. The Bureau of National Affairs, Inc. 1231 25th Street, N.W. Washington, D.C. 20037 202/452-4200 The United States LawWeek t Innsbruck, affordable elegance. 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Mail to: INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review Volume 28 1994-95 Executive Editor Notes and Topics Scott A. DeVries Editor-in-Chief Megan E. Clark Executive Editor Articles Lisa Dillman Executive Managing Editor Kenneth D. Dwyer Symposium Editor Ann Marie Waldron Piscione Note Development Editors Mark Colucci Elizabeth B. Searle Angela Stemle Patricia L. Van Dorn MeHssa S. York Articles Editors Tina M. Cooper Dina M. Cox Jennifer F. Perry Gretchen E. Snelling Brian L. Burdick R. Trevor Carter Elizabeth Cierzniak Amy Corsaro Angela Craney Doreen J. Gridley Associate Editors Gina M. Hicklin John Hakes R. Scott Lewis Ginger Mosier Ringenberg Candace L. Sage Editorial Assistant Katherine S. Dwyer Faculty Advisor Debra A. Falender Indiana University School of Law—Indianapolis 1994-95 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Myles Brand, President of the University. Ph.D. in Philosophy, University of Rochester (New York). Gerald L. Bepko, Vice-President for Long-Range Planning, 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 lUinois; LL.M., Georgetown University. Thomas B. Allington, Associate Dean for Academic Affairs and Professor of Law. B.S., J.D., University of Nebraska; LL.M., New York University. JoNNA M. Kane, Assistant Dean for External Affairs. J.D., Indiana University—Indianapolis. Rachel B. Kearney, Assistant Dean for Student Affairs. J.D., New York University School of Law. JoNi D. Thompson, Assistant Dean for Development. M.A., Ball State University. Angela M. Espada, Assistant Dean for Admissions. J.D., Indiana University—Bloomington. George Dremonas, Acting Director of Career Services. J.D., Indiana University—Indianapolis. Faculty Cynthia M. Adams, Lecturer in Law. B.A., Kentucky Wesleyan College, J.D., Indiana University—IndianapoHs. Thomas B, Allington, Associate Dean and Professor of Law. B.S., J.D., University of Nebraska; LL.M., New York University. Edw^ard p. Archer, Professor of Law. B.M.E., Rensselaer Polytechnic Institute; J.D., LL.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 for Long-Range Planning, Chancellor, and Professor of Law. B.S., Northern lUinois University; J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Robert Brookins, Associate Professor of Law. B.S., University of South Florida; J.D., Ph.D., Cornell University. Daniel H. Cole, Associate 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 ofLaw. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Kenneth D. Crew^s, Associate Professor of Law and Library and Information Science. B.A., Northwestern University; J.D., Washington University; M.L.S., University of California, Los Angeles; Ph.D., University of California, Los Angeles. 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 Univer- sity; 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. William F. Harvey, Carl M. Gray Professor ofLaw & Advocacy. A.B., University of Missouri; J.D., LL.M., Georgetown University. Paul T. Hayden, Professor of Law. B.A., Yale University; J.D., University of California, Los Angeles. Michael R. Heise, Visiting Assistant Professor and Director Program in Law and Educa- tion. A.B., Stanford University; J.D., University of Chicago; Ph.D., Northwestern University. W. William 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 University. 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 Carolina. Walter W. Kreeger, Associate Professor of Law. A.B., Bellarmine College; J.D., University of Louisville; LL.M., George Washington University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Lynn A. McDowell, Clinical Instructor. B.S. Indiana University; J.D., Indiana University — Indianapolis. Deborah McGregor, Lecturer in Law. B.A., University of Evansville; J.D., Georgetown University. 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, Professor of Law. B.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 Illinois University; LL.B., University of Illinois. Fran Quigley, Visiting Assistant Professor of Law. B.A., Hanover College; M.A., Indiana University—Bloomington; J.D., Indiana University—IndianapoHs. Joan M. Ruhtenberg, Director of Legal Writing. B.A., Mississippi University for Women; J.D., Indiana University—IndianapoHs. Andrew T. Solomon, Lecturer in Law. A.B,, University of Michigan; J.D., Boston University. June O. Starr, Associate Professor of Law. B.A., Smith College; M.A., Columbia Univer- sity; Ph.D., University of California, Berkeley; M.S.L., Yale University; J.D., Stanford Law School. 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, Clinical Instructor. J.D., California Western. James Patrick White, Professor ofLaw 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. 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 ofLaw 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. BROWTSfiNG, Assistant Directorfor Readers' Services. B.A., Western Michigan Univer- sity; M.L.S., Indiana University; J.D., Indiana University School of Law — Indianapolis. Chris E. Long, Visiting Catalog Librarian. B.A., Indiana University; M.A., Indiana Univer- sity; M.L.S., Indiana University. Mahnaz K. Moshfegh, Acquisition/Serials Librarian. 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Free Distribution by Mail, Carrier or Other Means Samples, Complimentary, and Other Free Copies 50 50 E. Total Distribution (Sum of C and D) 980 i 1602 J F. Copies Not Distributed 1 . Office use. left over, unaccounted, spoiled after printing 86 198 2. Return from News Agents . G. TOTAL (Sum of E. Fl and 2—should equal net press run shonn in A) 1066 1800 1 1. 1 certify that the statements made by me above are correct and complete Signature and Title of Editor. Publisher, Business Manager, or Owner S PS Form 3526, January 1991 (See instructions on reverse) Indiana Law Review Volume 28 1995 Number 3 Copyright © 1995 by the Trustees of Indiana University TABLE OF CONTENTS SYMPOSIUM Introduction: Nationalism, Identity, and Law Lawrence M. Friedman 503 Identity as Idiom: Mashpee Reconsidered Jo Carrillo 511 The Logic of the Modern Nation-State and the Legal Construction of Native American Tribal Identity Richard Warren Perry 547 New Skin, Old Wine: (En)gaging Nationalism, Traditionalism, and Gender Relations L. Amede Obiora 575 Passionate Attachments: Reflections on Four Myths of Nationalism June Starr 601 ARTICLES Actually Shutting Down the Virtual Multistate Corporation Michael D. Weiss 607 Toward a Bioethics Of Compassion .Michael H. Cohen 667 NOTES Legalizing Patent Infringement: Application Of The Patent Exhaustion Doctrine To Foundry Agreements R, Trevor Carter 689 There Goes the Neighborhood: Notifying the Public When a Convicted Child Molester is Released Into the Community Elizabeth Kelley Cierzniak 715 The Immunity of Intangible Assets from a Writ of Execution: Must We Forgive our Debtors? Doreen J. Gridley 755 Recognizing the Child's Consortium Action by Denying the Spouse's Melissa S. York 785 Volume 28 Number 3 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 $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 ELditorial Assistant. Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202. Publication office: 735 W. New York Street, Indianapolis, Indiana 46202. Second class postage paid at Indianapolis, Indiana 4620L POSl MASTER: Send address changes to INDIANA I^W REVIEW, 735 W. New York Street, Indianapolis, Indiana 46202. The entire text of this Law Review is printed on recycled paper. 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