Indiana Law Review I Volume 28 No. 4 1995 CENTENNIAL YEAR 1894/1895—1994/1995 iCATION ruce Townsend :jyF RECENT DEVELOPMENTS "" INDIANA LAW IIBUTORS TO THIS ISSUE le ChiefJustice Randall T. Shepard Honorable Gary L. Miller Charles M. Kidd Douglass G. Boshkojf Timothy C. Caress G. Terrence Coriden Andrew T. Deibert Daniel Foote Brad A. Galbraith Harold Greenberg William O. Harrington James B. Hogan Lawrence A. Jegen, III Walter W. Krieger John R. Maley Anthony W. Overholt Ann Marie Waldron Pisetone John C. Render Kelly Rota-Autry ToddJ.Selby Donna McCoy Spear Richard A. Waples Andrew P. Wirick ARTICLE The Merits of State Action Immunity to Promote Hospital Collaboration: Report of the Hospital Antitrust Task Force to the Indiana State Department of Health Eleanor D. Kinney Lisa Clark Copp Marcia Gonzales REPORT Report of the Debtor-Creditor Committee of the Indiana State Bar Association Reporting on and Recommending Adoption of the INDIANA UNIFORM FRAUDULENT TRANSFER ACT Introduction bv Bruce A. Markell Career Movg 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. 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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 I ] Indiana Law Review Volume 28 1994-95 Editor-in-Chief Megan E. Clark Executive Editor Executive Editor Notes and Topics Articles Scott A. DeVries Lisa Dillman Executive Managing Editor Symposium Editor Kenneth D. Dwyer Ann Marie Waldron Piscione Note Development Editors Articles Editors Mark Colucci Tina M. Cooper Elizabeth B. Searle Dina M. Cox Angela Stemle Jennifer F. Perry Patricia L. Van Dorn Gretchen E. Snelling MeHssa S. York Associate Editors Brian L. Burdick Gina M. Hicklin R. Trevor Carter John Hakes Elizabeth Cierzniak R. Scott Lewis Amy Corsaro Ginger Mosier Ringenberg Angela Craney Candace L. Sage Doreen J. Gridley 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 Illinois; 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 Cynthl\ 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; LL.M., New York University. Edward 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 IlHnois 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. Crews, Associate Professor ofLaw 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. WiLLL^M HoDES, Profcssor of Law. A.B., Harvard College; J.D., Rutgers, Newark. Lawrence 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 lUinois. 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., 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 CaroHna. 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—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. June O. Starr, Associate Professor of Law. B.A., Smith College; M.A., Columbia Univer- sity; Ph.D., University of CaHfornia, 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. Mende C. Browning, 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. B.A., National University of Iran; M.S., Tehran University; M.A., Ball State University; M.L.S., Ph.D., Indiana University. 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.I.L.S., University of Michigan. The members of Volume 28 would like to thank the following individuals for volunteering their time and editing skills to this Issue as First Editors: Chris Brown Christine Cantrell Karla Cooper-Boggs Stacy Dimitri Tom Engle Tom Hardin Diane Hurtt Beth Johnson Mark Lindsey Tim Ogden Chris Reininga Jeff Toole Patricia Skelton Kristen Stenzel Patricia Tentler Daylon Welliver Tom Hutchinson Indiana Law Review Volume 28 1995 Number 4 Copyright © 1995 by the Trustees of Indiana University TABLE OF CONTENTS Dedication-R. Bruce Townsend Debra A. Falender 807 Gerald LBepko 809 SURVEY I. Foreword On Lawyers and Writing: Pass the Constitutional Mustard, Please The Honorable ChiefJustice Randall T Shepard 811 II. Criminal Law and Procedure Recent Developments in Indiana Criminal Law and Procedure The Honorable Gary L. Miller Kelly Rota-Autry 819 III. Supreme Court Review An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1994 Kevin W. Betz Andrew T. Deibert 853 IV. Bankruptcy Bankruptcy in the Seventh Circuit: 1994 Douglass G. Boshkojf 867 V. Business and Commercial Law 1994 Developments in Commercial Law and Consumer Protection Law Brad A. Galbraith 879 VI. Civil Procedure 1994 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners: A Year of Adjustment JohnKMaley 891 VII. Environmental Law In Search of Accountability: The Legislative Re- Invention of Environmental Law and Policy in Indiana Robert F. Blomquist 913 VIIL Health Care Law Health Care Law: A Survey of 1994 Developments John C. Render James B. Hogan ToddJSelby 959 Volume 28 Number 4 IX. Indiana Appellate Procedure 1994 Developments in Indiana Appellate Procedure: Old Lessons Revisited and the Scope of the Court of Appeals' Discretion William O. Harrington 985 X. Product Liability Recent Developments in the Indiana Law of Product Liability Timothy C. Caress 997 XI. Professional Responsibility Survey of 1994 Developments in the Law of Professional Responsibility Charles M. Kidd Donna McCoy Spear Anthony W. Overholt 1013 XII. Property Law 1994 Developments in Property Law Walter W.Krieger 1041 XIII. State Constitutional Law Recent Developments under the Indiana Constitution Richard A. Waples 1067 XIV. Taxation 1994 Developments in Indiana Taxation Lawrence A. Jegen, III John R, Maley 1089 XV. Tort Law Survey of Tort Law Developments in 1994: The Good, The Bad, and The Ugly Andrew P. Wirick Ann Marie Waldron Piscione 1097 XVL UCCLaw Recent Developments in Indiana Conmiercial Law Harold Greenberg 1 1 25 XVII. Worker's Compensation 1994 Survey of Recent Developments in Worker's Compensation G. Terrence Coriden DanielFoote 1141 ARTICLE The Merits of State Action Immunity to Promote Hospital Collaboration: Report of the Hospital Antitrust Task Force to the Indiana State Department of Health Eleanor D. Kinney Lisa Clark Copp Marcia Gonzales 1169 REPORT Report of the Debtor-Creditor Committee of the Indiana State Bar Association Reporting on and Recommending Adoption of INDIANA UNIFORM FRAUDULENT TRANSFER ACT Introduction by Bruce A. Markell 1 195 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Editorial and Business Offices are located at: Indiana Law Review 735 W. New York Street Indianapolis, IN 46202 (317)274-4440 Subscriptions. The current subscription rates are $25.00 per four-issue (domestic mailing) and $28.00 (foreign mailing). Unless the Business Office receives notice to the contrary, all subscriptions will be renewed automatically. Address changes must be received at least a month prior to publication to ensure prompt delivery and must include old and new address and the proper zip code. Single and Back Issues. Current single regular issues may be obtained from the Law Review Business Office for $8.00 Current Survey issues may be purchased for $17.00. The Centennial Issue may be purchased for $12.00. Please enclose payment with order. Complete sets and single issues of prior volumes are also available from the Law Review Business Office. Unless a claim is made for non receipt of issues within one year of the mailing date, we cannot guarantee supplying the issues without charge. Manuscripts. The Indiana Law Review invites submission of unsolicited manuscripts. All citations should conform to A Uniform System of Citation (15th ed. 1991). Manuscripts should be submitted in dupUcate and double-spaced with wide margins. The Indiana Law Review, as a matter of policy, promotes the use of gender-neutral language, and alternate use of the female or male pronoun is intended to refer to both female and male. Copyright: Copyright 1995, The Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, permission is hereby granted to reproduce and distribute copies of individual works from this publication for nonprofit educational purposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy. This permission is in addition to rights of reproduction granted under Sections 107, i08, and other provisions of the U.S. Copyright Act. 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 rales: one year S25; 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 W. New York Street, Indianapolis, Indiana 46202. Publication office: 735 W. New York Street, Indianapolis, Indiana 46202. Second class postage paid at Indianapolis, Indiana 46201. POSTMASTER: Send address changes to INDIANA LAW REVIEW, 735 W. New York Street. Indianapolis. Indiana 46202. The entire text of this Law Review is printed on recycled paper. DEDICATION In Memory of R. Bruce Townsend 1917-1995 Cleon H. Foust Professor Emeritus of Law Debra a. Falender* This issue, the Twenty-Second Annual Survey of Recent Developments in Indiana Law, is dedicated to the memory ofR. Bruce Townsend—^teacher, scholar, colleague, and friend. R. Bruce Townsend passed away February 10, 1995, at his home in Fort Myers, Florida. Bom and raised in Garwin, Iowa, Bruce Townsend was one of six children. His father was a banker, and his mother was a teacher. He earned his A.B. degree from Coe College in 1938, studying money and banking. After a brief stint teaching law in Kansas City and then a not-so-brief stint in the United States Army Air Corps (1942-1945), where he served in the China-Burma-India theatre of operations and received the Air Medal and Distinguished Flying Cross, he arrived in Indianapolis in January 1946 to begin his very distinguished law teaching career. He remained a faculty member at the Indiana University School ofLaw in Indianapolis until his retirement in 1982. During his years as a faculty member, he accomplished everything that a teacher and scholar could hope to accomplish. He published several widely read and very influential books, articles, and monographs. He was honored as the first recipient of an endowed professorship named after former dean and professor emeritus, Cleon H. Foust. He served on numerous state and federal commissions, many ofwhich had extraordinary success in drafting and implementing successftil and enduring state and federal legislation. For example, he served as a member of the National Conference of Commissioners on Uniform State Laws from 1965 until 1982, during which time the Uniform Commercial Code and the Uniform Consumer Credit Code were adopted in Indiana and throughout the country. As an Indiana Commissioner, Bruce and others wrote commentaries explaining the effect that these uniform laws would have if adopted in Indiana. Subsequently, after the Uniform Commercial Code was adopted, Bruce and others prepared and updated rules, forms, and procedures to be used for filings under the Code. In the late 1960s, Bruce served as Reporter for the Indiana Civil Code Study Commission, helping to draft an Indiana Civil Procedure Code that was consistent with the Federal Rules of Civil Procedure. The Commission's Report totalled 367 pages and resulted in the adoption of the new rules by the Indiana General Assembly and the Indiana Supreme Court. A subsequent educational campaign helped lawyers understand and accept this important innovation. Bruce recently described this achievement as his "greatest adventure." The professional accomplishments of which Bruce Townsend should be most proud were those related to his teaching and his students. At his retirement celebration, he was described as a "teacher extraordinaire," and those who were fortunate enough to have had him as a teacher can attest that this description is perhaps itself an understatement. He Professor of Law, Indiana University School of Law—Indianapolis. 808 INDIANA LAW REVIEW [Vol. 28:807 frequently won the Black Cane Award, given each year by the students to the best teacher at the law school. He also frequently left his mark on his students. His message was most effective because it came from his heart and soul—in all that he did and said and stood for, he expected his students to think for themselves, to work hard, to admit mistakes, to take responsibility, to love the law, and to laugh, have fiin, and celebrate life. An elegant statement was made at his retirement in 1982: "[H]is unselfish commitment for four decades to provide knowledge and understanding has earned him the profound respect and admiration of three generations of students and lawyers." A less elegant, but no less clear expression of respect and admiration was found in an annual golf tournament in his honor, which when last held in his name in the year he retired, attracted hundreds of student, faculty, and alumni golfers and well-wishers. Even more recently, another clear expression ofwidespread and deep respect and admiration has occurred with the extraordinary success the law school has had in garnering fiinding and support for the R. Bruce Townsend Endowed Professorship. Bruce earned the profound respect ofhis colleagues in the law school, the university, and the legal community. Even with his peers, he was a consummate teacher and scholar. Every encounter with Bruce held the potential for becoming a rich intellectual exchange. He teased; he goaded; and with one or two probing questions, and a twinkle in his eye, he could turn your well-formed opinion upside down or inside out, and cause you to think about the matter at hand just a little bit differently. Bruce Townsend was an ardent supporter of the Indiana Law Review. He wrote about the Law of Secured Transactions and Creditors' Rights in the first ten Survey Issues, in volumes 7 through 16 from 1973 until 1982. In these articles, he criticized gently and he complimented enthusiastically, as the occasion demanded. For example, he described many judicial decisions as "excellent," or "outstanding," or "deserving of great praise." But he described others as "unfortunate" and "ridiculously technical"; he complained when form was elevated over substance; and one year he said: "Judges need encouragement to do better." His professional accomplishments, his students, and his very special professional and personal friendships were important to Bruce, but not so important as his wonderful family—in particular his wife Rachel. Bruce and Rachel were married in 1945, when Bruce returned from the service. They have two children, William Townsend and Susan Maher, as well as seven grandchildren and five great-grandchildren. Bruce and Rachel loved and respected each other, and loved and appreciated life—in Bruce's words: "Life has been good to us and we have enjoyed it all." There are many, many people whose personal and professional lives were touched by Bruce Townsend. There are those who recall fondly such endearing idiosyncracies as Bruce's hubcap collection (sometimes he retrieved one before it stopped rolling), or his memory for case citations rather than case names (he would refer to a relevant case as "176 Indiana 283"), or his irreverence (he spoke, for example, of"GAs" and "deadbeats"), or his artistic abilities (he drew unforgettable stick people, cars, and houses on the blackboard). Those who were lucky enough to know him will never forget him. And he will be missed. DEDICATION In Memory of R. Bruce Townsend 1917-1995 Cleon H. Foust Professor Emeritus of Law Gerald L. Bepko* The Indiana University School of Law—Indianapolis is a great institution of which we can all be proud, but not because of buildings or books in the library. It is great because it consists of an evolving culture of excellence, a colony of sophisticated thought, a family of ideas, and a community that shares important values. Each of us has contributed in our own way to this institutional culture. We are like members of a basketball team who contribute to the overall success of our team in a variety ofways, leaving the institution a little different, and we hope a little better, for our having been part of it. There has been no more important contributor to the Law School's evolutionary institutional success than R. Bruce Townsend, along with his partner and our dear friend, Rachel. In terms of what he did for our team, Bruce was our Michael Jordan. In the best traditions of the academy, he made his impact by being a consummate teacher. Of course, like all of us, he taught students—more than 4000 of them. Nearly half the members of the Indiana Bar at the time of his retirement had studied in his classes. He taught one of the first courses students took in law school—Remedies—and one ofthe last courses before they graduated—Securities. To some, these were the alpha and the omega of a good legal education. When Bruce was in one of his particularly empathetic and magnanimous moods, he would even acknowledge that there were a few courses in between that mattered. But nobody ever did it better than Bruce. No one on our faculty earned such consistent respect or so much adulation from our students, who over and over again elected him the winner of the Black Cane—the symbol of the year's best teacher. And he didn't stop teaching just because students had graduated. Once, in the early 1 970s, while Doug Whaley and I were still officially designated as GA teachers, we were sitting in Bruce's office and watched him receive a phone call. (Incidentally, while some alumni may think that the trappings of Bruce's office were designed to put people at ease, I can tell you that, from the standpoint of young faculty members, his office, and its environment, were most intimidating.) The phone call was obviously from a recently graduated student, although we could hear only one side of the conversation. After exchanging pleasantries and listening for a few minutes, Bruce said, "Yes, and then the bank repossessed? Then you should read 340 N.E.2d 198, IC 26-1-9-504, and 15 Indiana Law Review 345. These readings should give you the answer you're trying to find." We then resumed our conversation among commercial law teachers, which consisted ofDoug * Vice President for Long-Range Planning, Indiana University; Chancellor, Indiana University- Purdue University Indianapolis; and Professor of Law. The following comments were made by Chancellor Bepko at the R. Bruce Townsend Memorial Service on Monday, June 5, 1995. 8 1 INDIANA LAW REVIEW [Vol. 28:809 and me sitting at Bruce's knee, listening to him talk about our common subjects. Then the phone rang again. Another recent graduate was on the line. Bruce listened, and then said, "And then the bank repossessed? Stop! I can't talk to you because I just advised the other side." The moral of this story is known to all of Bruce's alumni: If you were going to get advice from Bruce, do so as soon as possible. He also taught his faculty colleagues. He taught us a standard of hard work. As a young law teacher, I remember working a half day on Saturdays, primarily because Bruce Townsend did so. He taught us integrity to our craft and to each other. He taught us that the reform of law was important. Bruce never asked to be admitted to practice in the state of Indiana because he wanted to be totally free to speak and write about law, which he did frequently. He was known throughout the nation for his work in writing the Uniform Commercial Code, and he was the best of mentors for young faculty. For example, he laid the foundation for me to become a member of the UCC Permanent Editorial Board. And he was well known for his personal contribution to maintaining the rigor and depth, and correlated respectability, for part-time law study. This served thousands of students who found it necessary to work while they pursued their studies and created one of the defining characteristics of the school—offering the highest quality part-time program in the nation. He also taught us perspective, often with his thoroughly well-developed sense of humor. He taught us to love our school and all the people in it, just as he loved it so passionately. Later, I came to wonder if his sense of perspective and his love of our school may have derived in part from his wartime experience. In an article in the Sunday Indianapolis Star magazine in 1981, in which Bruce was called the "Wizard ofWest New York Street," he talked about his experiences flying the hump in China and was quoted as saying, "We lost a lot of airplanes and pilots. When they figured you should have been dead, they gave you the Air Medal. When you should have been dead twice, they gave you the Distinguished Flying Cross." Bruce received both. In living out his perspective on life among us, he taught us the joy of devoting ourselves to what must be the most satisfying, frilfiUing professional life—the task of providing optimal learning conditions for a wonderfiiUy talented group of students trying to learn the law. Finally, Bruce taught us by his own example. While he was a giant of our legal community, he was, perhaps most importantly, a truly decent and honorable man. He was a meticulously honest, sincere, devoted, loving, compassionate human being. These qualities had an impact on most of us individually and, if you look closely, they can be found at the very core ofthe foundations on which the greatness ofthe School ofLaw has been built. For this we will be everlastingly gratefril because the qualities that make our school great will always reflect our love for Bruce, his memory, and all of his wonderfiil family.