Indiana Law Review Indiana law Review Collection Volume 30, No. 4 1997 TRIBUTE Debra A. Falender Tribute by Lawrence P. Wilkins 1996 SURVEY OF RECENT DEVELOPMENTS IN INDIANA LAW CONTRIBUTORS TO THIS ISSUE The Honorable Chief Justice Randall T, Shepard James J. Ammeen, Jr. Kevin W, Betz Douglass G. Boshkojf Christopher A, Brown Jeffrey O. Cooper Dina M, Cox Andrew T. Deibert Kelly A. Evans Daniel G, Foote Timothy D. Freeman Brad A, Galbraith Harold Greenberg Lawrence A. Jegen, III Charles M, Kidd Rosalie Berger Levinson John R. Maley Dennis K. McKinney Tammy J. Meyer Hon, Gary L. Miller Stephen P. Murphy, Jr, Kathleen Patchel Judy Winn Pippin John C. Render Michael G, Ruppert Paula J. Schaefer Joel M. Schumm Richard K Shoultz R. Robert Stommel James S. Tripp Doners QEnghL..^.^ Hildas SEP 2 h 1S97 SCHOOL OF /^VV-li^DPLS. 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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 ofWooster; 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 ofLaw. 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 F. 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 ofLaw. A.B., Bellarmine 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 Jill S. Walschlager Associate Editors Michael J. Alerding John B. 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 Assistants Chris Paynter Paula Kay Reum Faculty Advisor Debra A. Falender Indiana Law Review Volume 30 1997 Number 4 Copyright © 1997 by the Trustees of Indiana University TABLE OF CONTENTS TRIBUTE Debra A. Falender 911 Tribute by Lawrence P. Wilkins 917 SURVEY I. Introduction Reflections on a Decade at the Indiana Supreme Court, 1987-1997 ChiefJustice Randall T. Shepard 921 U. Supreme Court Review An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1996 Kevin W. Betz Andrew T. Deibert 933 ni. Bankruptcy Bankruptcy in the Seventh Circuit: 1996 Douglass G. Boshkojf 949 rv. Business and Contract Law Judicial Developments in Business and Contract Law Brad A. Galbraith Timothy D. Freeman 953 V. Constitutional Law State and Federal Constitutional Law Developments Rosalie Berger Levinson 965 VI. Criminal Law and Procedure Recent Developments in Indiana Criminal Law and Procedure Hon. Gary L. Miller JoelM.Schumm 1005 Vn. Employment Law Developments in Indiana Employment Law Kelly A. Evans 1037 Vin. Evidence Law Recent Developments Under the Indiana Rules of Evidence Jeffrey O. Cooper 1049 EX. Family Law Survey of Indiana Family Law in 1996 Paula J. Schaefer Michael G. Ruppert 1073 X. Federal Civil Procedure 1996 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners John R. Maley 1099 XL Indiana Civil Procedure Survey of Developments in Indiana Civil Procedure John R. Maley 1121 Xn. Health Care Law Health Care Law: A Survey of 1996 Developments John C. Render 1131 XIII. Indiana Appellate Procedure Developments in Appellate Practice in 1996 James J. Ammeen, Jr. 1 165 XIV. Insurance Law Survey of Recent Developments in Insurance Law Richard K. Shoultz 1191 XV. Intellectual Property Law Recent Changes in Intellectual Property Law Christopher A. Brown 1213 XVL Product Liability Recent Developments in the Indiana Law of Product Liability R. Robert Stommel DinaM. Cox 1227 XVIL Professional Responsibility Survey of 1996 Developments in the Law of Professional Responsibility Charles M. Kidd Dennis K. McKinney 1251 XVm. Property Law Captive Gas and Condemned Trash: Highs and Lows of Indiana Property Law in 1996 Danaya C. Wright 1269 XIX. Taxation 1996 Developments in Indiana Taxation Lawrence A. Jegen, III James S. Tripp Stephen P. Murphy, Jr. 1291 XX. Tort Law Recent Developments in Indiana Tort Law Tammy J. Meyer DinaM.Cox 1317 XXL UCCLaw 1996 Survey of the Uniform Commercial Code in Indiana Harold Greenberg Kathleen Patchel 1359 XXn. Worker's Compensation Recent Cases in Worker's Compensation Law Judy Winn Pippin Daniel G. Foote 1389 Volume 30 Number 4 Debra a. Falender Retirement Tribute Education: Mount Holyoke College, South Hadley, Massachusetts, A.B. 1970. Indiana University School of Law—Indianapolis, J.D. 1975, summa cum laude. Clerkship: 1975-76 Law clerk to the Honorable Robert H. Staton, Indiana Court of Appeals. Academic Appointments: 1976-79 Assistant Professor of Law, Indiana University School of Law-Indianapolis . 1979-85 Associate Professor of Law, Indiana University School of Law—Indianapolis . 1989-90 Associate Dean for Student Affairs, Indiana University School of Law—Indianapolis. 1985-97 Professor of Law, Indiana University School of Law—Indianapolis . Honors and Awards: Faculty Prize for Outstanding Scholarship, Leadership, and Contributions to the School of Law, presented by the Faculty of the Indiana University School of Law—Indianapolis to a graduating senior, 1975. 912 INDIANA LAW REVIEW [Vol. 30:911 Outstanding New Professor Award, presented by the Student Bar Association of the Indiana University School of Law—^Indianapolis, 1977- 78. Subjects Taught: Decedents' Estates and Trusts, Fiduciary Administration, Future Interests, Real Estate Transactions, Land Use Planning, Real Property, Contracts. Bar Admissions: Indiana (1975-present). United States District Court for the Southern District of Indiana (1975-present). Professional Memberships: American Bar Association Member, Committee on Creditors' Rights in Estates and Trusts, ABA Section of Real Property, Probate, and Trust Law, 1 985-9 1 . Indiana State Bar Association Member, Probate Reform Committee of the Probate, Trust, and Real Property Section, 1995-96. Member, Rights of Surviving Spouses Subcommittee, and Will Subcommittee, of the Legislation Committee of the Probate, Trust, and Real Property Section, 1986-87. Chair, Notice to Creditors Subcommittee of the Legislation Committee of the Probate, Trust, and Real Property Section, 1986-89. Indianapolis Bar Association Member, Estate Planning Section Council, 1993-95. Member, Estate Planning Section Council Nominating Committee, 1991. Member, Estate Planning Section Council, 1988-90. Bibliography: Books and Book Supplements: 1 Henry's Indiana Probate Law and Practice (8th ed. D. Falender 1989) (and cumulative annual supplements). 5 Henry's Indiana Probate Law and Practice (Forms) (8th ed. J. Kolb 6 D. Falender 1989) (and cumulative annual supplements). 1997] DEBRA A. FALENDER 913 Henry's Probate Law and Practice Cumulative Supplements, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989, 1988, 1987, 1986, 1985, 1984, 1983, 1982, and 1981 (7th ed. J. Grimes 1979, 1980). In progress: Volumes 2, 3 & 4 HENRY'S Indiana Probate Law and Practice (8th ed.) Articles: Claims By and Against Decedent's Estates, 20 IND. L. Rev. 289 (1986). Notice to Creditors in Estate Proceedings: What Process is Due?, 63 N.C.L. Rev. 659 (1985), cited in Tulsa Professional Collection Services Inc. V. Pope, 485 U.S. 478 (1985). Debra A. Falender & Kristin G. Fruehwald, Trusts and Decedents' Estates, 1984 Survey ofRecent Developments in Indiana Law, 18 iND. L. REV. 435 (1985). Trusts and Decedents' Estates, 1983 Survey ofRecent Developments in Indiana Law, 17 iND. L. REV. 387 (1984). Trusts and Decedents' Estates, 1982 Survey ofRecent Developments in Indiana Law, 16 iND. L. REV. 415 (1983). Decedents' Estates and Trusts, 1981 Survey ofRecent Developments in Indiana Law, 15 iND. L. REV. 175 (1982). Construction Liens under the Uniform Simplification ofLand Transfers Act, in Mechanics Lien & Related Problems Under Indiana Law, at Vm-l (ICLEF 1981). Decedent's Estates and Trusts, 1980 Survey ofRecent Developments in Indiana Law, 14 iND. L. REV. 291 (1981). Property, 1979 Survey ofRecent Developments in Indiana Law, 13 iND. L. Rev. 343 (1980). Decedents' Estates and Trusts, 1978 Survey ofRecent Developments in Indiana Law, 12 iND. L. REV. 142 (1979). Property, 1978 Survey ofRecent Developments in Indiana Law, 12 iND. L. Rev. 269 (1979). Property, 1977 Survey ofRecent Developments in Indiana Law, 1 1 iND. L. Rev. 232(1978). 914 INDIANA LAW REVIEW [Vol. 30:91 1 Trusts and Decedents * Estates, 1977 Survey ofRecent Developments in Indiana Law, 1 1 IND. L. REV. 330 (1978). Protective Provisionsfor Surviving Spouses in Indiana: Considerations for a Legislative Response to Leazenby, 1 1 iND. L. REV. 755 (1978). Note, The Proposed New Bankruptcy Act, 1 iND. L. REV. 852 (1974). Other Published Materials: Trusts, Bar Review Course Outline, Trusts, updated 1982, 1983 (with Poland). Outlines and Articles Accompanying Speeches (published by ICLEF): Basic Will Drafting, 1995; Estate Planning & Administration, 1992; Legal Issues for Incapacitated Persons, 1992; Estate & Guardianship Administration, 1989; Trusts, Estates, and Guardianship Developments, 1988; Guardianships, 1988; Trusts and Estates Developments, 1987; Uniform Marital Property Act, NATAF, 1986; Estates and Trusts, 1982, 1983, 1984; Property, NATAF, 1982. Speeches, Testimony, Etc.: Presentation, Reaching Nonprobate Assets, Indiana State Bar Association Section on Estate Planning and Probate, Oct. 1996. Lecture, Reaching Nonprobate Assets, Indianapolis Bar Association Mini- Seminar, June 1995. Lecture, Simple Wills, ICLEF Basic Will Drafting Seminar, Jan. 1995. Lecture, Conflicts of Interest and Ethical Considerations in Estate Planning, ICLEF Estate Planning and Administration Seminar, Dec. 1992. Lecture, Alternatives to Guardianships, ICLEF Legal Issues for Incapacitated Persons Seminar, Apr. 1992. Debate, The Uniform Marital Property Act, Indianapolis Bar Association, Feb. 1992. Workshop Presenter, The Uniform Marital Property Act: A Route to Family Fairness, 1990 Conference on Women and the Legislative Process, sponsored by the Indiana Foundation for Education on Gender-Based Discrimination, Nov. 1990. Speech, Estate Planning for the Client with a Disabled Child, Annual Meeting of the Estate Planning and Administration Section of the Indianapolis Bar Association, Oct. 1990. 1 997] DEBRA A. FALENDER 9 1 5 Lecture, Claims Against Decedents' Estates, ICLEF Estate and Guardianship Administration Seminar, July 1989. Seminar Chair, ICLEF Trusts and Trustees Seminar, Apr. 1989. Panel Member, Common Law Property Rules and Concepts, Indiana Fairness Coalition, Oct. 1988, Oct. 1990. Lecture, Trusts, Estates, and Guardianship Developments, Indiana Update Seminar, Sept. 1988. Lecture, Termination of Guardianships, in Removal of Guardians, and Foreign Guardians, ICLEF Guardianship Seminar, June 1988. Lectures, Trusts and Estates Developments, Indiana Update Seminar, Sept. 1987. Seminar Presentation, Uniform Marital Property Act, sponsored by the National Attorneys' Title Assurance Fund, with Dan Furhh of Marquette Univ., Apr. 1986. Testimony before Legislative Committees considering the Uniform Marital Property Act, June 1985, Jan. 1986, Feb. 1989, July 1990. Presentation, Notice to Creditors in Estate Proceedings, Indiana State Bar Probate Section Meeting, Oct. 1985. Lecture, Recent Developments in Probate and Trust Law, Indiana Judicial Conference, Sept. 1985. Speech, Estate Planning Considerations for the Handicapped, Workshop sponsored by Parents and Professionals Advocating for the Handicapped, Aug. 1985. Presentation, Estate Planning Considerations for the Handicapped, Governor's Conference on the Handicapped, Oct. 1984. Bar Review Lectures on Trusts, Professional Education Corporation, June 1982, Jan. 1983, June 1983, Jan. 1984, June 1984, Jan. 1985, June 1985, Jan. 1986, June 1986, Jan. 1987. Lectures, Indiana Law Update, Trusts and Estates, May 1981, May 1982, May 1983, Mar. 1984. Speech, Recent Developments in Real Estate Law, National Attorneys' Title Assurance Fund Annual Meeting, Apr. 1982. 916 INDIANA LAW REVffiW [Vol. 30:911 Hearing Judge, Indiana Housing Authority Eviction Proceeding, Oct. 1981 Speech, Construction Liens under the Uniform Simplification of Land Transfers Act, ICLEF Mechanics Lien Seminar, Spring 1981. Speech, Network of Women in Business Luncheon, Nov. 1980. Board Memberships: Association for Retarded Citizens of Indiana Member, Task Force on Guardianship, Advocacy and Protective Services, 1986-88. Member, ARC Advisory Committee for the ARC Master Trust, 1988-present. Park Tudor School Member, Board of Directors, 1987-93. Chair, Board Education Committee, 1990-93. Legal Services Organization of Indiana Member, Board of Directors, Nov. 1 983-May 1 989. Chair, Board Personnel Committee, 1986-89. Tribute to Professor Debra A. Falender Lawrence P. Wilkins* Professor Debra Ann Falender retired from law teaching at the end of this term. If you know Professor Falender then you know that she has not even begun to approach the age that most of us must attain to retire. You may then wonder, "why is she getting a tribute for quitting early? Here's a woman still in the bloom of youth/ who still has lots of legal educational stuff to drf and she's retiringT "For Pete's sake,"^ you may be exclaiming, "she hasn't earned enough gray hair yet to be allowed to retire!" To those questions I can only reply that she has been hanging around"* this place for a quarter century now, and I suppose that is about the time frame when one begins to think seriously about "Golden Years" activities, and she has apparently given in to the impulse.^ However, I also have determined that since she has shortened her teaching career by about twenty years or so, this "tribute" need not be in the usual format. If you agree, read on. If you don't agree, the footnotes may be helpful.^ Debra Falender came to Indianapolis to attend prep school, and that move created an immediate shortage of prospects for the cheerleading squad at the Jonesboro, Indiana High School. The wider horizons provided at Tudor Hall School for Girls—doubtless valuable in many ways—alas, held no outlet for Debbi's cheerleading talents. It may well be that her frustration at being deprived of the opportunity for expressing her leadership qualities in that manner shaped her approach to the challenges of adult life. In pursuit of higher education, she matriculated at Mount Holyoke College. Following the example set by many other college students in her generation she quickly set her sights on her future career, and immediately embarked on a rigorous program of preparation for the profession, majoring in the History of Art. She learned quickly, and soon discovered the fundamental truth of the philosopher's rhetorical question: "Why spend weeks writing a twenty-page paper * Professor of Law, Indiana University School of Law—Indianapolis. B.A., Ohio State University; J.D., Capital University; LL.M., University of Texas. 1 . I am not at liberty to reveal Professor Falender' s age, but I can tell you that she has not yet received a solicitation letter from AARP. 2. When she closed her textbook and walked from the classroom for the last time, she cut short by many years, if not decades, a remarkable career in legal education. 3. Actually, she's retiring for the sake of a family dream of living in the Rocky Mountains of Colorado. 4. She has invested an enormous amount of energy and dedication in the law school's mission, and she has contributed to the school an unmatched combination of teaching, scholarship and service. Her departure will leave behind a rich albeit unfinished tapestry of legal professional work and collegial relationships. 5. A graduate of this law school, she has been a stalwart of the institution almost from the day she arrived in 1972. 6. Now that you are looking at the footnotes, you probably should know that the text and the footnotes will tell the Debra Ann Falender story in two different ways. I will leave it to you to decide which carries the greater truth. 918 INDIANA LAW REVffiW [Vol. 30:917 when an all-nighter the day before it's due will work nicely?" In the little spare time that she allowed herself away from her studies she organized the campaigns of friends interested in running for student government offices. Upon graduation, she soon brought all of that undergraduate preparation and her new learning in the arts to bear upon practical things. She began work in a family-owned business. Her job was to program computers. During the year that she spent interacting with machines, she also had occasion to observe some exemplary expressions of the lawyerly craft and decided she would give that profession a whirl. In law school, she quickly established herself as a leader, and emerged from the proving-grounds of first-year classes among the top achievers in her class. ^ She recalls that first year as involving nearly round-the-clock commitment to scholarly pursuits: (1) playing Bridge; (2) reading all the cases; (3) playing Bridge; (4) making outlines; (5) only then allowing a relaxing round of Bridge. In the second year she was not able to put all of that important groundwork to as much use as she would have liked. She spent most of that year writing a Note for the Indiana Law Review and writing a brief for her Moot Court team. She has often lamented that those activities left much less time for Bridge. In her senior year, she decided to while away some idle hours serving as the editor-in-chief of the Indiana Law Review} As the most significant accompHshment of her tenure as editor-in-chief of Volume 8 she counts the last-minute discovery that the word "foreword" had been misspelled in the foreword.^ The historical matter you've just read, as you might have guessed, is related to you as Debbi Falender herself told it to me. Now I will tell you what I know of Debbi Falender, my friend and colleague of seventeen years. Debbi is a very well-organized person and likes things around her to be orderly. *° Out of the necessities imposed by her busy schedule, she has developed a disciplined and successful method of organizing and accompUshing her tasks and priorities. She devised a list system well before the several well-known self- help manuals popularized the technique of making lists. Her desk top at any given time will contain any number of lists with some items checked, some not, some with lines drawn through, and some lined-through and checked. Before undertaking any important task, she organizes it, considers the feasibility of the organization, perhaps revises the plan, and then carefully executes it according to the plan. 7. She was tied with two others for the top position in her class. 8. Debbi has been a model of organized industriousness for all of us. Welcoming the challenges of balancing her responsibilities as legal educator, community leader, wife (she is married to Steven Falender) and mother (she is the mother of three children: Phillip, Ellen and Mark. She took on the duties of editor-in-chief of the Indiana Law Review while she was pregnant with Phillip. Phillip graduated this spring from the University of Colorado. Twins Ellen and Mark are eighth-graders at Aspen Middle School). 9. I am not making this up. 10. She once told me that she didn't care for Jazz or Blues because she doesn't like music that doesn't proceed according to a plan. 1997J DEBRA A. FALENDER 919 Once engaged with a project, her drive to produce an excellent result takes over. She is able to maintain extraordinary focus upon the task, often writing and revising at her desk for long hours at a time without a break. Her ability to tackle and master even the most difficult of legal subject matter is well-documented by her student Note in the Indiana Law Review discussing the Report of the Commission on Bankruptcy Laws of the United States of 1973. That Note evaluated the Report's review of the bankruptcy administration system and proposals for revision. Her scholarly efforts for the past decade have been dedicated to the major revision of Henry's Probate, a multi-volume treatise that practitioners have found to be a valuable resource. Her marathon efforts on that work have brought it to light for practitioners much sooner than should have been anticipated. Her clarity of expression in writing has drawn the notice of the U.S. Supreme Court and others. The Supreme Court relied heavily upon her 1985 law review article on notice to creditors in estate proceedings, and several commentators since have written analyses of her approach.^* She has, in her scholarship, added to the language of the law, coining the terms "short term" and "long term" nonclaim statutes^^ to refer to statutes barring claims of a decedent's creditors who fail to timely present their claims against the estate. She has often dealt with faculty governance issues using her powers of gentle persuasion and Socratic dialogue in dealings with colleagues. ^^ Her technique is so natural, yet so refined—and so quick is she to give credit to others—that those who enter dialogue with her often leave it feeling as if the ideas that develop from the discussion are their own and not Debbi's. Whether in discussions or her writings, whether in informal exchanges, classroom dialogue, or formal faculty debates she has, over the years, expressed an abiding concern for careful deliberation of the issues and fairness to all participants in that deliberation as well as a concern for good results. ^"^ 1 1 . Tulsa Prof 1 Collection Servs., Inc. v. Pope, 485 U.S. 478, 479-80, 488-89 (1988). See Sarajane Love, Estate Creditors, the Constitution, and the Uniform Probate Code, 30 U. RICH. L. Rev. 41 1, 428-30, 437, 456 (1996); Thomas L. Waterbury, Notice to Decendents' Creditors, 73 MINN. L. REV. 763, 779 (1989). 12. Debra A. Falender, Notice to Creditors in Estate Proceedings: What Process is Due?, 63 N.C.L. Rev. 659, 667-69 (1985). See Waterbury, supra note 1 1, at 764 n.9, 771 n.50. 13. Not always fully appreciated by some. 14. Examples in her scholarship alone will suffice. See, e.g., Debra A. Falender, Note, 77?^ Proposed New Bankruptcy Act, 7 IND. L. Rev. 852, 879 (1974) ("The recommendations of the Commission for changes in the substantive law affecting wage earner plans evidence an attempt to more realistically balance the interests of debtors and creditors in the hope of fostering such plans."); Falender, supra note 12, at 706 ("Estate proceedings cannot use tradition and inertia to justify unfairness."); Debra A. Falender, Protective Provisionsfor Surviving Spouses in Indiana: Considerationsfor a Legislative Response to Leazenby, 1 1 iND. L. REV. 755, 796 (1978): One thing is clear, especially after Leazenby: The legislature must act if anything is to be done to prevent overprotection and underprotection of surviving spouses in Indiana. The Leazenby court should not be criticized for refusing to assume the responsibility for 920 INDIANA LAW REVIEW [Vol. 30:917 She has continued to fulfill her early promise of leadership. She helped found a group of colleagues on the faculty who call themselves the Female Law Faculty. This group, referred to by its acronym, "FLF," and pronounced, with tongue in cheek, "fluff," always seems to have a marvelous time in its luncheon discussions. I cannot tell you much about this group or its activities because I have been summarily and most unjustly denied participation. I do know that several female faculty members consider Debbi to be a mentor. Debbi has maintained a tireless loyalty and dedication to the law school. In 1987 she chaired the dean search committee that recruited Norman Lefstein as the dean of the school, and Norm's tenure has been one of the longest in the school's history. Shortly after assuming the office, Norm showed his gratitude to her by asking if she would assume the duties of Associate Dean for Student Affairs, which she did for two years. Debbi has readily, if not eagerly, accepted and applied modem technology to her tasks. In the early years of incorporation of desktop computing into professorial tasks, the machinery in Debbi' s office always represented state-of-the- art. When presentation software offered valuable new ways for helping students grasp and interact with material, Debbi quickly adopted it in her teaching technique. In her teaching, she has applied all of her stellar quaUties of organization, leadership, dedication, loyalty, perspicacity, and clarity of expression. Her first thoughts are always for her students, and she has constantly striven to find new opportunities for learning in the law school experience. Her classroom demeanor, teaching skills and technique were a combination favored by students, and her advanced level courses were always over-subscribed. She was also a leader in efforts to incorporate concerns for ethical principles in the curriculum. As Debbi moves from her shortened but stellar teaching career to other pursuits, ^^ she will be long remembered here as an excellent teacher, administrator, and colleague. More importantly, we will miss her as our friend, and we will look forward to her visits with great anticipation. counteracting underprotection. The responsibility for counteracting both underprotection and overprotection is that of the legislature. 15. She says she is leaving the best job in the world to live in the best place in the world. See supra note 3.