Indiana Law Review Indiana law 'Periodical j Jiollection j ISDIKS^ Volume 30 No. 3 1997 gcsooi LlWMS TRIBUTE Two Lives In Law David A. Funk ARTICLES The American Legal Faith: Traditions, Contradictions and Possibilities David Ray Papke Local Autonomy or Regionalism? Sharing the Benefits and Burdens of Suburban Commercial Development Shelley Ross Saxer Constitutional Illiteracy Review Essay of Louis Michael Seidman & Mark V. Tushnet, Remnants of Belief: Constitutional Issues Paul E. McGreal Private Rights and Public Ways: Property Disputes and Rails-to-Rails in Indiana Danaya C. Wright NOTES Fiduciary Duties Owed by Frozen-Out Minority Shareholders in Close Corporations A. Richard M. Blaiklock The Response of Payne v. Tennessee: Giving the Victim's Family a Voice in the Capital Sentencing Process Brian J. Johnson Cipollone & Myrick: Deflating the Airbag Preemption Defense John F. McCauley Medicaid vs. The Tobacco Industry: A Reasonable Legislative Solution to a State's Financial Woes? Jana Schrink Strain Mail Order Retailers and Commerce Clause Nexus: A Bright Line Rule or an Opaque Standard? Matthew T. Troyer CareerMovg 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 Indiana International & Comparative Law Review The Indiana International & Comparative Law Review^ published by the Indiana University School of Law—Indianapolis since 1991, is a student-edited law journal that provides a forum for the discussion and analysis of contemporary issues in international and comparative law. The Review publishes articles by prominent legal scholars, practitioners, and policy makers from around the world, as well as student-written notes and comments. The Review is published twice annually, with a periodic third issue devoted to a specific topic in international or comparative law. In 1994, in conjunction with the Italian Academy for Advanced Studies in America at Columbia University, the Review published a special issue on the political and social aspects of Italian law, and in 1996 the Review will publish an issue addressing aspects of Chinese law. Enrich your knowledge of the world around you, and help support the study of international law at Indiana University, with a subscription to the Indiana International & Comparative Law Review. Subscriptions are $18.00 per year within the U.S./$21.00 per year outside the U.S. (please make your check payable to Indiana International & Comparative Law Review). Address inquiries to: Indiana International & Comparative Law Review 735 West New York Street Indianapolis, Indiana 46202 (317)274-1050 e-mail: iiclr@indyunix.iupui.edu Digitized by the Internet Archive in 2011 with funding from LYRASIS IVIembers and Sloan Foundation http://www.archive.org/details/indianalawreview30397unse 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, $25; Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 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 46202-5194 (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 one 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 Symposium 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 nonreceipt 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 The Bluebook A Uniform System of Citation (16th ed. 1996). Manuscripts should be double-spaced with standard one-inch 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 1997. The Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, permission is hereby granted to produce and distribute copies of individual works from this publication for nonprofit education 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, 108, 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 responsibihty thereof. Subscription rates: one year $25.00; foreign $28.00. 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 46202-5194. Publication office: 735 W. New York Street, Indianapolis, Indiana 46202-5194. Periodicals postage paid at Indianapolis, Indiana 46201 . POSTMASTER: Send address changes to INDIANA LAW REVIEW, 735 W. New York Street, Indianapolis, Indiana 46202-5194. ® The entire text of this Law Review is printed on recycled paper. Indiana University School of Law^—Indianapolis 1996-97 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Ofncers 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, ITT/Chicago-Kent College of Law; LL.M., Yale University. Norman Lefstein, Dean and Professor ofLaw. 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. Elizabeth L. DeCoux, Assistant Dean for Student Affairs. J.D., Mississippi College 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 Karen Marks, Director of Career Services. B.S., St. Joseph's College; M.S., Illinois State University. Faculty 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 of Law Library. A.B., J.D., M.A.L.S., University of Michigan. Gerald L. Bepko, Vice Presidentfor Long-Range Planning, Chancellor, and Professor ofLaw. B.S., Northern Illinois University; J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Robert Brookins, Professor of Law. B.S., University of South Florida; J.D., Ph.D., Cornell University. Daniel H. Cole, Professor of Law. A.B., Occidental College; A.M., University of Chicago; J.D., Lewis and Clark College; J.S.M., Stanford Law School. Jeffrey O. Cooper, Assistant Professor of Law. A.B., Harvard University; J.D., University of Pennsylvania. Paul N. Cox, Professor of Law. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Kenneth D. Crews, 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 ofLaw. 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. Harold Greenberg, Professor ofLaw. 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 Watson Hardy, Clinical Professor of Law. B.S., Ball State University; J.D., Indiana University—Indianapolis. Michael R. Heise, Assistant Professor of Law and Director, Program in Law and Education. 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. Lawrence A. Jegen, III, Thomas E Sheehan Professor ofTax 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.S., 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. Krieger, Associate Professor of Law. A.B., Beliarmine College; J.D., University of Louisville; LL.M., George Washington University. Ronald J. Krotoszynski, Jr., Assistant Professor of Law. B.A., M.A., Emory University; J.D., LL.M., Duke University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Lynn A. McDowell, Clinical Professor ofLaw. 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 ofLaw. 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 Orentlicher, Associate Professor of Law. A.B., Brandeis University; J.D., M.D., Harvard College. Joanne Orr, Clinical Professor of Law. J.D., California Western. David R. Papke, R. Bruce Townsend Professor ofLaw and Professor ofAmerican 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. H. Kathleen Patchel, Associate Professor of Law. A.B., Huntington College; J.D., University of North Carolina; LL.M., Yale University. Fran Quigley, Clinical Professor of Law. B.A., Hanover College; M.A., Indiana University — Bloomington; J.D., Indiana University—Indianapolis. Joan M. Ruhtenberg, Director ofLegal 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 University; 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. James Patrick White, Professor of Law and Consultant on Legal Education to the American BarAssociation. A.B., University of Iowa; J.D., LL.M., George Washington University. Lawrence P. Wilkins, Professor ofLaw. 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. Helen P. Garfield, Professor Emerita. B.S.J., Northwestern University; J.D., University of Colorado. William F. Harvey, Carl M. Gray Professor ofLaw & Advocacy Emeritus. A.B., University of Missouri; J.D., LL.M., Georgetown University. Melvin C. Poland, Cleon H. Foust Professor of Law Emeritus. B.S., Kansas State University; LL.B., Washburn University; LL.M., University of Michigan. Ronald W. Polston, Professor Emeritus. B.S., Eastern Illinois University; LL.B., University of Illinois. 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. Browning, Assistant Director for Readers' Services. B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. Richard Humphrey, Reference Librarian. A.A., Brewton-Parker Junior College; B.A., Georgia Southwestern College; M.L.S., University of Kentucky. Wendell E. Johnting, Assistant Directorfor Technical Services. A.B., Taylor University; M.L.S., Indiana University. Bruce Kleinschmidt, Reference Librarian. B.A., Furman University; J.D., University of Louisville: M.L.S., University of North Texas. Chris E. Long, 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 University. Kiyoshi Otsu, Computer System Specialist. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois. Indiana Law Review Volume 30 1996-97 Editor-in-Chief Sean P. O'Brien Executive Managing Editor Anthony P. Filomena Executive Articles Editor Candice M. Murphy-Farmer Executive Notes and Topics Editor A. Richard M. Blaiklock Symposium Editor Jana Schrink Strain Articles Editors James R. A. Dawson Robert J. Donahue Pamela K. Koehler Clifford A. Ong Mitchell M. Pote Jacqueline D. Ross Note Development Editors Michael C. Bartol Susan Charles Doris L. Moore Lakshmi V. Reddy Matthew T. Troyer JillS.Walschlager Associate Editors Michael J. Alerding JohnB. Baxter Jon Beardsley Steven A. Church Kytha C. Eibel Brian J. Johnson Geoffrey S. Lohman John F. McCauley Kristin M. O'Neil Reagan K. Rick Brian T. Ster Stacy R. Uliana Sean T. White Editorial Assistant Chris Paynter Faculty Advisor Debra A. Falender Indiana Law Review Volume 30 1997 Number 3 Copyright © 1997 by the Trustees of Indiana University TABLE OF CONTENTS TRIBUTE David A. Funk 639 Two Lives in Law David A. Funk 643 ARTICLES The American Legal Faith: Traditions, Contradictions and Possibilities David Ray Papke 645 Local Autonomy or Regionalism?: Sharing the Benefits and Burdens of Suburban Commercial Development Shelley Ross Saxer 659 Constitutional Illiteracy Review Essay of Louis Michael Seidman & Mark V. Tushnet, Remnants ofBelief: Constitutional Issues Paul E. McGreal 693 Private Rights and Public Ways: Property Disputes and Rails-to-Trails in Indiana Danaya C. Wright 112> NOTES Fiduciary Duties Owed by Frozen-Out Minority Shareholders in Close Corporations A. Richard M. Blaiklock 763 The Response to Payne v. Tennessee: Giving the Victim's Family a Voice in the Capital Sentencing Process Brian J. Johnson 795 Cipollone & Myrick: Deflating the Airbag Preemption Defense John F. McCauley 827 Medicaid vs. The Tobacco Industry: A Reasonable Legislative Solution to a State's Financial Woes? Jana Schrink Strain 851 Mail Order Retailers and Commerce Clause Nexus: A Bright Line Rule or an Opaque Standard? Matthew T. Troyer 881 Volume 30 Number 3 David A. Funk Retirement Tribute Education: University of Missouri, Columbia, Missouri, Fall, 1945. Harvard College, Cambridge, Massachusetts, Spring, 1946. The College of Wooster, Wooster, Ohio, B.A. 1949. Western Reserve University, Cleveland, Ohio, LL. B. 1951. (LL. B. designated J.D. by Case Western Reserve University, Cleveland, Ohio, 1968.) The Ohio State University, Columbus, Ohio, M.A. 1968. Case Western Reserve University, Cleveland, Ohio, LL. M. 1972. Columbia University, New York, New York, LL. M. 1973. Legal Employment: 1951-60 1960-69 1962-63 1969-72 1973-76 1976-97 1997 Funk & Funk, Wooster, Ohio. Funk, Funk & Eberhart, Wooster, Ohio. Visiting Lecturer, The College of Wooster, Wooster, Ohio. Funk & Funk, Wooster, Ohio. Associate Professor, Indiana University School of Law—Indianapolis. Professor, Indiana University School of Law—Indianapolis. Professor Emeritus, Indiana University School of Law—Indianapolis. 640 INDIANA LAW REVIEW [Vol. 30:639 Subjects Taught at Indiana University School ofLaw—Indianapolis: Practice-oriented: Perspectives: Subject Semesters Students Subject Semesters Students Professional 22 1,231 Jurisprudence 21 201 Responsibility Sociology of 24 325 Business 9 572 Law Associations World Legal Fiduciary 11 555 History 21 389 Administration Comparative Law 24 320 Wills & Trusts 3 235 Advanced Research 5 7 Future Interests 3 75 Legal Writing 3 44 Totals 51 2712 Totals 95 1242 Bibliography: Jurisprudence: Major Functions ofLaw in Modern Society, 23 CASE W. RES. L. REV. 257-306(1972). Pure Jurimetrics: The Measurement ofLaw in Decision-Regulations, 34 U. Pitt. L. Rev. 375-428 (1973). Oriental Jurisprudence: Supplementary Readings from the Near and Far East (1974) (on file with author). Lessons ofSoviet Jurisprudence: Lawfor Social Change versus Individual Rights, 1 IND. L. REV. 449-97 (1974). Interstitial Jurisprudence Illustrated in Teaching Criminal Law, 27 J. LEGAL Educ. 53-72 (1975). Religion, Ethical Natural Consequentialism, and the Science of Justice, 8 Cap. U. L. Rev. 371-86 (1979). Applied Semiotics: Measuring the Semantical Content ofLegal Imperatives, m SEMIOTICS 1983: PROCEEDINGS OF THE EIGHTH Annual Meeting of the Semiotic Society of America 521-25 (Jonathan Evans & John Deely eds., 1987). Bentham as Pioneer in Legal Semiotics, in SEMIOTICS 1984: Proceedings of the Ninth Annual Meeting of the Semiotic Society of America 219-24 (John Deely ed., 1985). 1997] DAVID A. FUNK 641 Juridical Science Paradigms as Newer Rhetorics in 21st Century Jurisprudence, 12 N. Ky. L. Rev. 419-65 (1985). Applications ofPolitical Science to the Analysis and Practice ofLaw, 21 IND. L. Rev. 617-24 (1988). Varieties ofJuridical Science Paradigms For 21st Century Legal Philosophy, in NUOVI MOTI PER LA FORMAZIONE DEL DiRITTO 327-32 (Padova, Italy, CEDAM, 1988). Traditional Orthodox Hindu Jurisprudence: Justifying Dharma and Danda, 15 S. U. L. REV. 169-213 (1988). Traditional Chinese Jurisprudence: Justifying Ll and Fa, 17 S. U. L. Rev. 1-67(1990). Traditional Japanese Jurisprudence: Justifying Loyalty and Law, 17 S.U.L. Rev. 171-225(1990). Traditional Islamic Jurisprudence: Justifying Islamic Law and Government, 20 S. U. L. Rev. 213-94 (1993). CotterrelVs Politics ofJurisprudence, 6 RATIO JURIS 357-60 (1993). Group Dynamic Law: Group Dynamic Law. Integrating Constitutive Contract Institutions xiv (Philosophical Library, Inc. 1982) (612 pages). Group dynamic Law: Exposition and Practice xxi (David A. Funk ed.. Law Arts PubUshers 1988) (255 pages). Legal History: Legal Futurology: The Field and Its Literature, 73 LAW. LiBR. J. 625- 33(1980). Legal History as Empirical Social Science in Theory and Practice, 21 Hous. L. Rev. 311-38 (1984). Berman 's European Legal History, 1 8 Val. U. L. Rev. 683-703 (1984). Historische Rechtstatsachenforschung in Theorie und Praxis, in Rechtsgeschichte und Rechtssoziologie 43-58 (West Berlin, Duncker & Humblot 1985). 642 INDIANA LAW REVIEW [Vol. 30:639 Introducing World Legal History: Why and How, 18 U. TOL. L. Rev. 723-803(1987). World Legal History Needs You, 37 J. Legal Educ. 598-605 (1987). Legal History As A Key To Western Civilization and World History, 1 5 Legal Stud. F. 45-53 (1991). Other: International Laws as Integrators and Measurement in Human Rights Debates, 3 CASE W. RES. J. Int'lL. 123-61 (1971). From International Laws to International Economic Community Law, 4 Case W. Res. J. Int'lL. 3-29 (1971). Jurimetrics Portion ofJurisprudence Seminar, 16 JURIMETRICS J. 112- 13(1975). Professional Responsibility, Survey ofRecent Developments in Indiana, 15 IND. L. Rev. 305-17 (1982). Two Lives in Law David A. Funk* My journey through twenty-one years of law practice and twenty-four years as an Indiana law professor, may provide hope to anyone in a similar situation. I was bom in Wooster, Ohio, on April 22, 1927. My great grandfather wanted to be a lawyer but did not have the education; he became an insurance and real estate agent in Wooster, Ohio. My grandfather practiced law in Wooster from 1885 to 1921, and then became an appellate judge in Akron, Ohio, for fifteen years. My father practiced law in Wooster from 1919 to October, 1972, when he died unexpectedly. Preparation In Wooster High School, I was active in intermural extemporaneous speaking and debate. After graduation, I served one year in the United States Navy and was sent to the NROTC programs at the University of Missouri and Harvard College, respectively. After being discharged, I had almost finished a B.A. at The College of Wooster, Ohio, (majoring in economics but leaning towards philosophy) when I enrolled in the Western Reserve University School of Law. The following summer, between my first and second years of law school, I completed my B.A. requirements. In my fifth semester at Western Reserve, I added two history courses (medieval English and modem Far Eastem). From Practitioner To Professor After graduation from law school, I joined my father in the practice of law in Wooster, Ohio. The first five years I emphasized real estate transactions and did the things a young lawyer gets asked to do. The next seven years I mostly represented small, often feuding, corporations. The last nine years I emphasized estate planning and administration. During this period, I studied adult education Russian for two years. In the 1962-63 school year, I taught a course in U.S. Constitutional Law in the political science department at The College of Wooster. In 1963, 1 first visited Scotland, which had been a special interest since college. In 1964, 1 embarked on seven years of part-time graduate study. The first four years I completed an M.A. (largely in political theory) at The Ohio State University, 100 miles away. The next three years I completed an LL. M. (largely in jurispmdence and intemational law) at Case Western Reserve University School of Law, sixty miles away. In 1972, I left practice to pursue full-time graduate law study at Columbia University in New York. At Columbia, I studied mainly jurispmdence, legal history, comparative law and legal education. I also outlined and started Group Dynamic Law} Wolfgang Freidmann, whose jurispmdential reputation had drawn * Professor of Law Emeritus, Indiana University School of Law—Indianapolis. 1. David A. Funk, Group Dynamic Law: Integrating Constitutive Contract Institutions (1982). 644 INDIANA LAW REVIEW [Vol. 30:643 me to Columbia, immediately comprehended and approved the outline for my project. The book was pubhshed in New York by Philosophical Library in 1982, and a symposium celebrating its theme was published there in 1988.^ Indiana Law Professor Indiana University School of Law—Indianapolis offered me a position in 1973. The previous professor ofjurisprudence and comparative law had just left, so I was able to teach those courses. I was also able to teach sociology of law. When the legal history teacher retired in 1976, 1 converted that course into world legal history. Along the way I also taught various traditional courses to second and third year students. Of almost 4000 students, about two-thirds were in my practice- oriented courses and about one-third were in one of my perspective courses. Also, about two-thirds were in the day division and about one-third were attending at night. About 950 wrote senior essays for my courses The Future After retirement, I will be spending more time with my wonderful wife, Sandra. Then, when my home "research institute*' is operating, I can finish writing "Traditional Jewish Jurisprudence: Justifying Jewish Law and Life," the next chapter for my book in progress on Oriental Jurisprudence. In addition I will do some serious reading not for a client, class, or publication. Also, I can resume some former musical interests (playing and listening) that I had to give up when I undertook graduate study and entered teaching. Finally, I can participate more actively in Scottish-American, German-American, historical, and religious activities. For those who have followed my story thus far, a final thought. Autobiography exudes a certain inevitability. Often the things that just happened to me turned out well. Many awful things that could have happened did not. I can only conclude that this journey required both God and me. I hope that He will look out for each of you, too, as you wend your ways through the successes and disappointments of your lives in the law. 2. Group Dynamic Law: Exposition and Practice (David A. Funk ed. 1988).