Indiana Law Review


Indiana
Law
Review

Collection

6>

UNI^T5RSITyolume 38 No. 2 2005

Jl I! 1 :^005

SCHOOL OF LtAW-T^T)PT,.S
LIBRARY

ARTICLES
Where Ethics Merge With Substantive Law—an Analysis of Tax Motivated Transactions

James M. Delaney

Meeting Expectations: Two Profiles for Specific Jurisdiction
Linda Sandstrom Simard

PROGRAM ON LAW AND STATE GOVERNMENT
FELLOWSHIP SYMPOSIUM

Maximizing Judicial Fairness & Efficiency: Should Indiana Consider
Creating an Office ofAdministrative Hearings?

Introduction: Evaluating State Government Designs

of Executive Branch Adjudication

Cynthia A. Baker

Some Questions to Consider Before Indiana Creates a Centralized
Office of Administrative Hearings

Frank Sullivan, Jr.

An Update on Developments in Central Panels and ALJ Final Order Authority
James F. Flanagan

Executive Branch Adjudications in Public Safety Laws: Assessing the Costs

and Identifying the Benefits of ALJ Utilization in Public Safety Legislation
Christopher B. McNeil

NOTES
Voluntary Acknowledgments of Paternity: Should Biology Play a Role in

Determining Who Can Be a Legal Father?
Jayna Morse Cacioppo

Legacy of a Scandal: How John Geoghan's Death May Serve as an Impetus to Bring
Abatement Ab Initio in Line with the Victims' Rights Movement

Tim E. Staggs

Ancient Lights in Wrigleyville: An Argument for the Unobstructed View
of a National Pastime

Stephen Christopher Unger



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Indiana Law Review
Volume 38 2004-2005

Editor-in-Chief

Seth M. Thomas

Executive Managing Editor
Kristen E. Edmundson

Senior Executive Editor

Isaac M. Willett

Symposium Editor
Kathleen M. White

Executive Notes Editor

Tim E. Staggs

Executive Articles Editors

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Fenton D. Strickland

Articles Editors

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Michael K. Correll

Nathan A. Leach

Justin W. Leverton
Brian L. Mosby

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Kelly M. Scanlan
Taryn E. Smith

Stephen C. Unger

Note Development Editors

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John A. Christian

Lisa A. Durham
Andrew C. Humes
Jason A. McNiel

Megan M. Mulford
Steven E. Runyan

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Indiana University School of Law—Indianapolis
2004-2005 ADMINISTRATIVE OFFICERS AND FACULTY

Administrative Officers

AdamW. Herbert, President ofthe University. B.A., M.A., University ofSouthern California;
Ph.D., University of Pittsburgh.

Charles R. Bantz, Chancellor, Indiana University-Purdue University—Indianapolis. B.A.,
M.A., University of Minnesota; Ph.D., The Ohio State University.

Anthony A. Tarr, Dean and Professor of Law. B.A., LL.B., University of Natal; LL.M.,
Cambridge University; Ph.D., University of Canterbury; Ph.D., Cambridge

University.

Thomas B. Allington, Associate Dean for Technology and Professor of Law. B.S., J.D.,
University of Nebraska; LL.M., New York University.

Jeffrey W. Grove, Associate Dean for Graduate Studies, Professor of Law, and Director,
China SummerProgram. A.B., Juniata College; J.D., George Washington University
Law School.

Andrew R. Klein, Associate DeanforAcademic Affairs and Paul E. Beam Professor ofLaw.
B.A., University of Wisconsin; J.D., Emory University School of Law.

Cynthia Baker, Director, Program on Law and State Government. B.A., J.D., Valparaiso
University.

Teresa (Terri) J. Cuellar, Director of Technology Services. B.S., St. Bonaventure
University, New York.

Angela M. Espada, Assistant Dean for Admissions. J.D., Indiana University School of
Law—Bloomington.

Jo-Ann B. Feltman, Director ofAdministration and Finance. B.A., DePaul University.
Claire Grove, Director of the LL.M. Program. B.A., Indiana University; J.D., Indiana

University School of Law—Indianapolis.
Patricia Kimberly Kinney, Director ofAdmissions. B.S., Purdue University; J.D., Indiana

University School of Law—Indianapolis.
Jonna Kane MacDougall, Assistant Dean for External Affairs. J.D., Indiana University

School of Law—Indianapolis.
Carol B. Neary, Director ofDevelopment. B.A., Indiana University.
Shannon L. Williams, Director ofProfessional Development. B.S., Indiana University.

Faculty

Cynthia M. Adams, Clinical Associate Professor ofLaw. B.A., Kentucky Wesleyan College;
J.D,, Indiana University School of Law—Indianapolis.

Thomas B. Allington, Associate Dean for Technology and Professor of Law. B.S., J.D.,
University of Nebraska; LL.M., New York University School of Law.

Judith Ford Anspach, Professor ofLaw and Director, Ruth Lilly Law Library. B.S., M.L.S.,
Kent State University; J.D., Mississippi College School of Law.

GeraldL.BEPK0,//i^/<2na University-Purdue University—Indianapolis Chancellor Emeritus,
Indiana University Trustee Professor and Professor ofLaw. B.S., Northern Illinois
University; J.D., ITT/Chicago-Kent College of Law; LL.M., Yale Law School.

Frank Bowman, M. Dale Palmer Professor of Law. B.A., Colorado College; J.D., Harvard
Law School.

WiLUAM C. Bradford, Assistant Professor ofLaw. B.A., M.A., University of Miami; Ph.D.,
Northwestern University; J.D., University of Miami School of Law; LL.M., Harvard
Law School.

Karen E. Bravo, Assistant Professor Law. B.A., The University of the West Indies; J.D.,
Columbia University School of Law; LL.M., New York University School of Law.

Robert Brookins, Professor ofLaw. B.S., University of South Florida; J.D., Ph.D., Cornell
University.

Kenneth D. Chestek, Clinical Associate Professor of Law. B.A., Pennsylvania State
University; J.D., University of Pittsburgh School of Law.

Daniel H. Cole, R. Bruce Townsend Professor of Law. A.B., Occidental College; A.M.,
University of Chicago; J.D., Lewis and Clark Law School; J.S.M., J.S.D., Stanford
Law School.

Jeffrey O. Cooper, Associate Professor ofLaw. A.B., Harvard University; J.D., University of

Pennsylvania Law School.



Paul N. Cox, Centennial Professor of Law. B.S., Utah State University; J.D., University of
Utah College of Law; LL.M., University of Virginia School of Law.

Robin Kundis Craig, Associate Professor ofLaw. B.A., Pomona College; M.A., The Johns
Hopkins University; Ph.D., University of California; J.D., Lewis and Clark Law
School.

Kenneth D. Crews, Associate Dean ofthe Facultiesfor Copyright Management; Samuel R.
Rosen Professor of Law; Professor of Library and Information Science, and
Director, Centerfor Intellectual Property Law and Innovation. B.A., Northwestern
University; J.D., Washington University School of Law; M.L.S., University of

California, Los Angeles; Ph.D., University of California, Los Angeles.

James D. Dimitri, Clinical Associate Professor of Law. B.S., Indiana University; J.D.,
Valparaiso University School of Law.

Jennifer Ann Drobac, Associate Professor ofLaw. B.A., M.A., Stanford University; J.D.,
J.S.D., Stanford Law School.

George E. Edwards, Professor ofLaw and Director, Program in International Human Rights
Law. B.A., North Carolina State University; J.D., Harvard Law School.

Frank Emmert, John S. Grimes Professor of Law and Executive Director, Center for
International and Comparative Law. Erstes Juristisches Staatsexamen (J.D.),
University of Munich Law School; LL.M., The University of Michigan Law School;
Ph.D., University of Maastricht; Diploma, European University Institute.

Nicholas Georgakopoulos, Professor ofLaw. Ptyhion Nomikis, Athens University School
of Law; LL.M., S.J.D., Harvard Law School.

JeffreyW. Grove, Associate Dean, Professor ofLaw, and Director, China Summer Program.
A.B., Juniata College; J.D., George Washington University Law School.

Frances Watson Hardy, Clinical Associate Professor ofLaw. B.S., Ball State University;
J.D., Indiana University School of Law—Indianapolis.

John Lawrence Hill, Professor of Law. B.A., Northern Illinois University; J.D., Ph.D.,
Georgetown University.

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
School of Law.

Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois College of
Law.

Robert A. Katz, Associate Professor of Law. A.B., Harvard College; J.D., University of
Chicago Law School.

Linda Kelly-Hell, Professor ofLaw. B.A., J.D., University of Virginia.
Eleanor D. Kinney, Hall Render Professor of Law and Co-Director of the Centerfor Law

and Health. B.A., Duke University; M.A., University of Chicago; J.D., Duke
University School of Law; M.P.H., University of North Carolina.

Andrew R. Klein, Associate Dean and Paul E. Beam Professor ofLaw. B.A., University of
Wisconsin; J.D., Emory University School of Law.

Robert E. Lancaster, Clinical Associate Professor of Law. B.A., Millsaps College; J.D.,
Tulane Law School.

Norman Lefstein, Professor ofLaw andDean Emeritus. LL.B., University of Illinois College
of Law; LL.M., Georgetown University Law School.

Maria Pabon Lopez, Assistant Professor of Law and Co-Director, Latin American Law
Program. B.A., Princeton University; J.D., University of Pennsylvania Law School.

Ger/<S£>^.Mkgu0CC\, Associate Professor ofLaw . B.A., Stanford University; J.D., Yale Law
School.

Allison Martin, Clinical Associate Professor Law. B.S., J.D., University of Illinois.

Deborah McGregor, Clinical Associate Professor ofLaw and Assistant Director of Legal
Analysis, Research and Communication. B.A., University of Evansville; J.D.,
Georgetown University Law School.

SUSANAH M. Mead, Professor ofLaw. B.A., Smith College; J.D., Indiana University School
of Law—Indianapolis.

Mary H. Mitchell, Alan H. Cohen Professor ofLaw. A.B., Butler University; J.D., Cornell
Law School.

Novella Nedeff, Clinical Associate Professor ofLaw. B.A., J.D., Indiana University.
James P. Nehf, Cleon H. Foust Fellow, Professor of Law, and Director, European Law

Program. B.A., Knox College; J.D., University of North Carolina Law School.
David Orentlicher, Samuel R. Rosen Professor ofLaw and Co-Director of the Centerfor

Law and Health. A.B., Brandeis University; J.D., M.D., Harvard College.



Joanne Orr, Clinical Associate Professor of Law. B.S., Indiana State University; J.D.,
California Western School of Law.

Antony Page, Assistant Professor of Law. B. Comm., McGill University; M.B.A., Simon
Fraser University; J.D., Stanford Law School.

H. Kathleen Patchel, Associate Professor of Law. A.B., Huntington College; J.D.,
University of North Carolina Law School; LL.M., Yale Law School.

Florence Wagman Roisman, Michael D. McCormick Professor ofLaw. B.A., University of
Connecticut; LL.B., Harvard Law School.

Joan M. Ruhtenberg, Clinical Professor ofLaw and Director of Legal Analysis, Research
and Communication. B.A., Mississippi University for Women; J.D., Indiana
University School of Law—Indianapolis.

JoelM. Schumm, Clinical Assistant ProfessorofLaw. B.A., Ohio Wesleyan University; M.A.,
University of Cincinnati; J.D., Indiana University School of Law—Indianapolis.

Anthony A. Tarr, Dean and Professor of Law. B.A., LL.B., University of Natal; LL.M.,
Cambridge University; Ph.D., University of Canterbury; Ph.D., Cambridge

University.

Juue-Anne Tarr, Professor ofLaw. B.A., University of Wisconsin-Madison; J.D., Cornell
University; LL.M., Monash University; Ph.D., University of Queensland.

James W. Torke, Carl M. Gray Professor ofLaw. B.S., J.D., University of Wisconsin.
Lawrence P. Wilkins, William R. Neale Professor ofLaw. B.A., The Ohio State University;

J.D., Capital University Law School; LL.M., University of Texas School of Law.
Lloyd T. Wilson, Jr., Associate Professor of Law and Director, Central and Eastern

European Law Program, B.A., Wabash College; M.A., Duke University; J.D.,
Indiana University School of Law—Bloomington.

Mary T. Wolf, Clinical Professor of Law and Director of Clinical Programs. B.A., Saint
Xavier College; J.D., University of Iowa College of Law.

R. George Wright, Michael D. McCormick Professor ofLaw. A.B., University of Virginia;
Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis.

Emeriti

Edward P. Archer, Professor ofLaw Emeritus. B.M.E., Renesselaer Polytechnic Institute;
J.D., LL.M., Georgetown University Law School.

James F. Bailey, III, Professor of Law Emeritus. A.B., J.D., M.A.L.S., The University of
Michigan.

Agnes P. Barrett, Associate Professor ofLaw Emerita. B.S., J.D., Indiana University,
Clyde Harrison Crockett, Professor of Law Emeritus. A.B., J.D., University of Texas;

LL.M., University of London (The London School of Economics and Political
Science).

Debra A. Falender, Professor ofLaw Emerita. A.B., Mount Holyoke College; J.D., Indiana
University School of Law—Indianapolis.

David A. Funk, Professor of Law Emeritus. A.B., College of Wooster; J.D., Case Western
Reserve University School of Law; M.A., The Ohio State University; LL.M., Case
Western Reserve University; LL.M., Columbia Law School.

Paul J. Galanti, Professor of Law Emeritus. A.B., Bowdoin College; J.D., University of
Chicago Law School.

Helen P. Garfield, Professor of Law Emerita. B.S.J., Northwestern University; J.D.,
University of Colorado School of Law.

Harold Greenberg, Professor ofLaw Emeritus. A.B., Temple University; J.D., University
of Pennsylvania Law School.

William F. Harvey, Carl M. Gray Professor ofLaw & Advocacy Emeritus. A.B., University
of Missouri; J.D., LL.M., Georgetown University Law School.

W. WiLUAM HODES, Professor of Law Emeritus, A.B., Harvard College; J.D., Rutgers
University School of Law—Newark.

William Andrew Kerr, Professor of Law Emeritus. A.B., West University; B.S., Duke
University; J.D., LL.M., Harvard Law School.

William E. Marsh, Professor ofLaw Emeritus. B.S., J.D., University of Nebraska.
Ronald W. Polston, Professor of Law Emeritus. B.S., Eastern Illinois University; LL.B.,

University of Illinois College of Law.

Kenneth M. Stroud, Professor of Law Emeritus. A.B., J.D., Indiana University

—

Bloomington.

James Patrick White, Professor of Law Emeritus. A.B., University of Iowa; J.D., LL.M.,
George Washington University Law School.



Law Library Faculty

Judith Ford Anspach, Professor ofLaw and Director, Ruth Lilly Law Library. B.S., M.L.S.,
Kent State University; J.D., Mississippi College School of Law.

DragOMIRCosanici, HeadofReference. B.A., Michigan State University; M.I.L.S., University
of Michigan; J.D., University of Kansas.

Debra Denslaw, Reference Librarian. B.A., Franklin College; M.S., University of Illinois,
Urbana-Champaign; J.D., Valparaiso School of Law.

MaryHudson, Reference/Circulation Librarian. B.A., Ball State; M.L.S., Indiana University.
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 Director for Technical Services. A.B., Taylor University;
M.L.S., Indiana University.

ChrisE. Long, Catalog Librarian. B.A., Indiana University; M.A., Indiana University; M.L.S.,

Indiana University.

MahnazK. yiOS¥{FEG\{,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.

Miriam A. MURPHY,i455odareD/rec/oro/LflwL/Z>rary.B.A., Purdue University; J.D.,M.L.S.,
Indiana University—Bloomington.

KlYOSm Otsu, Computer System Specialist. A.A., Parkland College; A.B., M.S., C.A.S.,
University of Illinois.



Indiana Law Review
Volume 38 2005 Number 2

Copyright © 2005 by the Trustees of Indiana University

TABLE OF CONTENTS

ARTICLES

Where Ethics Merge With Substantive Law—an Analysis
of Tax Motivated Transactions James M. Delaney 295

Meeting Expectations: Two Profiles for
Specific Jurisdiction Linda Sandstrom Simard 343

PROGRAM ON LAW AND STATE
GOVERNMENT FELLOWSHIP SYMPOSIUM

Maximizing Judicial Fairness & Efficiency: Should Indiana Consider
Creating an Office ofAdministrative Hearings?

Introduction: Evaluating State Government Designs

of Executive Branch Adjudication Cynthia A. Baker 385

Some Questions to Consider Before Indiana
Creates a Centralized Office of

Administrative Hearings Frank Sullivan, Jr. 389

An Update on Developments in Central Panels
and ALJ Final Order Authority James F. Flanagan 401

Executive Branch Adjudications in Public Safety

Laws: Assessing the Costs and Identifying the

Benefits of ALJ Utilization in
Public Safety Legislation Christopher B. McNeil 435

NOTES

Voluntary Acknowledgments of Paternity:

Should Biology Play a Role in Determining

Who Can Be a Legal Father? Jayna Morse Cacioppo 479

Legacy of a Scandal: How John Geoghan's Death May
Serve as an Impetus to Bring Abatement Ab Initio
in Line with the Victims' Rights Movement Tim E. Staggs 507

Ancient Lights in Wrigleyville: An Argument
for the Unobstructed View of
a National Pastime Stephen Christopher Unger 533

Volume 38 Number 2