Indiana Law Review Indiana Law Review renociicai Collection Volume 39 No. 3 2006 PROGRAM ON LAW AND STATE GOVERNMENT FELLOWSHIP SYMPOSIUM Integrity in Public Service: Living Up to the Public Trust? Introduction: The Role of Law, Lawmakers, and Citizens in Establishing Public Trust Cynthia A. Baker The State of State Legislative Ethics: Watching the Watchdogs Roberta Baskin Ten Vital Virtues for American Public Lawyers Robert F. Blomquist A Changing Culture: Ethical Government in Northwest Indiana Edward E. Charbonneau Legislative Ethics in Indiana: A Matter of Perception—and Perception Matters Edward D. Feigenbaum Indiana Center on Government Ethics: A Proposed Birth David H. Maidenberg Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege Patricia E. Salkin Allyson Phillips 2005 JAMES P. WHITE LECTURE ON LEGAL EDUCATION The Judiciary of England and Wales and the Rule of Law The Rt. Hon. The Lord Woolf ofBarnes NOTES A New Energy Paradigm for the Twenty-First Century: China, Russia, and America's Triangular Security Strategy Justin W. Evans The Movement to Open Juvenile Courts: Realizing the Significance of Public Discourse in First Amendment Analysis William McHenry Home Having Low Income Housing Tax Credit Qualified Allocation Plans Take into Account the Quality of Schools at Proposed Family Housing Sites: A Partial Answer to the Residential Segregation Dilemma? Seema Ramesh Shah ' 1 1\ I LP C « \ 1 i ,nf ]6 scH00LGF b»w-.i\iu I SOEJAOV BNA's Law School Program Multiple platforms, more choices —for staff and students. Delivery of timely information is one of the cornerstones of BNA's success. Now, BNA delivers services electronically, through IP authentication, to all law school faculty staff and their students. By subscribing to any of four law school-wide electronic packages or building your own custom package, you can give your students access to the same valuable information as practicing attorneys. They'll conduct research and follow changes in the law in the same way senior partners do. Your students will not only be prepared for internships and clerkships, they'll be better equipped for any job. To learn more about BNA's law school program, call BNA Customer Service at 800-572-3374 or visit us at www.bna.com/lawschool. Essential information. Expert analysis. Indiana Law Review Volume 39 2005-2006 Editor-in-Chief Laurie Ellen Martin Executive Managing Editor Seema Ramesh Shah Senior Executive Editor Brian Drummy Symposium Editor Derek C. Julius Executive Notes Editor Matthew Besmer Executive Articles Editors Susannah P. Mroz Mary F. Wyman Articles Editors Jonathan B. Burns Heather Cummings Lauren Catherine Dougherty Brian M. Heaton Tyler James Kalachnik Michael A. Lang Matthew T. 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The Program on Law and State Government Annual Fellowship Symposium From the State House to the Schoolhouse: Religious Expression in the Public Sphere Frida y, September29, 2006 8:30 a.m. — 1 :30 p.m. The 2006 Program on Law and State Government Fellowship Symposium and the 2007 Indiana Law Review Symposium Edition will focus on an aspect of state law interwoven with America's religious and political history: the many ways states express religious ideas and messages in the public sphere. From state house grounds to schoolhouse classrooms, policy makers and educators grapple with an important yet sensitive issue—how to recognize the importance of religion while upholding the separation of church and state. From religious displays on public grounds to debates about incorporating the theory of intelligent design into public classroom science courses, state government decisions of religious expression become the subjects of public debate, state legislation, litigation, and, sometimes, front page headlines. Does religion have a place in state governments and in public schools? If so, how does law define that role? In creating a place for students to learn about religion in the public school setting, where does the authority of the state end and that of the local school district begin? Who should ultimately be deciding how religion is addressed in public school classrooms? The state citizens, the local taxpayers, the school district board, the teachers, the parents? 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Email Payment Method: D Enclosed (Make Check Payable to Indiana Health Law Review) Bill Me Later Indiana University School of Law—Indianapolis 2005-2006 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. SUSANAH M. MEAD, Interim Dean and Professor ofLaw. B.A., Smith 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. ANGELA M. ESPADA, Associate Dean for Student Services and Admissions. J.D., Indiana University School of Law—Bloomington. JEFFREY W. GROVE, Associate Deanfor Graduate Studies and Professor ofLaw. 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. JONNA KANE MacDougall, Assistant Dean for Development and External Affairs. J.D., Indiana University School of Law—Indianapolis. TERESA (TERRI) J. Cuellar, Director of Technology Services. B.S., St. Bonaventure University, New York. 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 KlMBERLY KINNEY, Director ofAdmissions. B.S., Purdue University; 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. CynthiaBaker,Associate Clinical Professor ofLaw andDirector, Program on Law and State Government. B.A., J.D., Valparaiso University. 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.Bepko, Indiana 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. 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. Chester, 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. PAULN. Cox, Centennial Professor ofLaw. B.S., Utah State University; J.D., University of Utah College of Law; LL.M., University of Virginia School of Law. Robin Kundis Craig, 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 ofLaw and Professor ofLibrary and Information Science. 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. ! r , f James D. DMITRI, Clinical Associate Professor of Law. B.S., Indiana University; J.D., Valparaiso University School of Law. *" Jennifer Ann Drobac, Associate Professor of Law. B.A., M.A., Stanford University; J.D., J.S.D., Stanford Law School. |*"J GEORGE E. EDWARDS, Professor ofLaw andDirector, Program in International Human Rights n 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 j«w International and Comparative Law. Erstes Juristisches Staatsexamen (J.D.), f& 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. ,** JEFFREY W. GROVE, Associate Dean and Professor ofLaw. A.B., Juniata College; J.D., George Washington University Law School. Frances Watson Hardy, Clinical Associate Professor ofLaw. B.S., Ball State University; m« 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-Hill, Professor ofLaw. B.A., J.D., University of Virginia. ELEANOR D. Kinney, Hall Render Professor ofLaw; Co-Director of the Centerfor Law and Health and Executive Director, Latin American Law Program. 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. NORMANLEFSTEIN, Professor ofLaw andDean Emeritus. LL.B., University ofIllinois 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. GerardN.MaguoccA, 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 ofLegal Analysis, Research and Communication. B.A., University of Evansville; J.D., Georgetown University Law School. SUSANAH M. MEAD, Interim Dean and 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 and Professor of Law. 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 ofLegal Analysis, Research and Communication. B.A., Mississippi University for Women; J.D., Indiana University School of Law—Indianapolis. JoelM. Schumm, Clinical Assistant Professor ofLaw. B.A., Ohio Wesleyan University; M.A., University of Cincinnati; J.D., Indiana University School of Law—Indianapolis. Julie-Anne Tarr, Professor ofLaw. B.A., University of Wisconsin-Madison; J.D., Cornell University; LL.M., Monash University; Ph.D., University of Queensland. 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. William 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 W. Torke, Professor ofLaw Emeritus. B.S., J.D., University of Wisconsin. 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. DRAGOMIRCOSANICL 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. MOSHFEGH,Acquisition/Serials Librarian. B.A., National University ofIran; M.S., Tehran University; M.A., Ball State University; M.L.S., Ph.D., Indiana University. Miriam A. Murphy, Associate DirectorofLaw Library. B.A., Purdue University; J.D., M.L.S., Indiana University—Bloomington. Kjyoshi Otsu, Computer System Specialist. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois. Indiana Law Review Volume 39 2006 Number 3 Copyright © 2006 by the Trustees of Indiana University TABLE OF CONTENTS PROGRAM ON LAW AND STATE GOVERNMENT FELLOWSHIP SYMPOSIUM Integrity in Public Service: Living Up to the Public Trust? Introduction: The Role of Law, Lawmakers, and Citizens in Establishing Public Trust Cynthia A. Baker 483 The State of State Legislative Ethics: Watching the Watchdogs Roberta Baskin 487 Ten Vital Virtues for American Public Lawyers Robert F. Blomquist 493 A Changing Culture: Ethical Government in Northwest Indiana Edward E. Charbonneau 521 Legislative Ethics in Indiana: A Matter of Perception—and Perception Matters .... Edward D. Feigenbaum 537 Indiana Center on Government Ethics: A Proposed Birth David H. Maidenberg 545 Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege Patricia E. Salkin 561 Allyson Phillips 2005 JAMES P. WHITE LECTURE ON LEGAL EDUCATION The Judiciary of England and Wales and the Rule of Law .... The Rt. Hon. The Lord WoolfofBarnes 613 NOTES A New Energy Paradigm for the Twenty-First Century: China, Russia, and America's Triangular Security Strategy Justin W. Evans 627 The Movement to Open Juvenile Courts: Realizing the Significance of Public Discourse in First Amendment Analysis William McHenry Home 659 Having Low Income Housing Tax Credit Qualified Allocation Plans Take into Account the Quality of Schools at Proposed Family Housing Sites: A Partial Answer to the Residential Segregation Dilemma? Seema Ramesh Shah 691 Volume 39 Number 3