Indiana Law Review riodi^ illectiIndiana Law Review Volume 40 No. 3 2007 2007 JAMES P. WHITE LECTURE ON LEGAL EDUCATION Indiana University School of Law—Indianapolis James P. White Lecture on Legal Education The Honorable Ruth Bader Ginsburg PROGRAM ON LAW AND STATE GOVERNMENT FELLOWSHIP SYMPOSIUM From the State House to the Schoolhouse: Religious Expression in the Public Sphere Introduction: Megaphones and Duct Tape: Legal Tools Shaping Religious Expression in the Public Sphere Cynthia A. Baker The Paradox of Inclusion by Exclusion: The Accommodation of Religion in the Public Schools Kevin C. McDowell Using Agency Law to Determine the Boundaries of the Free Speech and Establishment Clauses Luke Meier ARTICLE Establishing the Pledge: On Coercion, Endorsement, and the Marsh Wild Card Mark Strasser NOTES 2002 Amendment to Indiana Financial Institutions Tax: Has the Unitary Principle Been Abandoned in Favor of Reliance on Economic Nexus? Lisa Lajferty Resolving the Catch 22: Franchisor Vicarious Liability for Employee Sexual Harassment Claims Against Franchisees Sean Obermeyer INDIANA UNIVJP^^ITY« SCHOOL OF LAW SCSOQl Oh T J- 1- ^^^''^Xmmt.Indianapolis r v**^ **'«rXA lupui ^-^BRan^ 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. )02354 Indiana Law Review Volume 40 2006-2007 Editor-in-Chief Heather Moore Executive Managing Editor Michelle R. Maslowski Senior Executive Editor Craig A. Defoe Symposium Editor Krysten Lester Articles Editors Kimberly Whyte Chowning Cathy A. Hewitt Jason Howard H. Max Kelln Bri Kovac Stephanie Thielen Eckerle Eric T. Thieme Eva F. Wailes Executive Notes Editor Teresa Griffin Executive Articles Editors Jennifer Girod Sean Obermeyer Note Development Editors Tonya Combs Taylor Hall Suzanna Hartzell-Baird Douglas R. Healey Karl Horlander Andrew Kossack Lisa Lafferty Emily L. 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Inlow Hall 530 West New York Street Indianapolis, Indiana 46202 Digitized by the Internet Archive in 2011 with funding from LYRASIS IVIembers and Sloan Foundation http://www.archive.org/details/indianalawreview40307unse In 2003, Indiana University School of Law - Indianapolis established a specialty law review focused specifically on health care law and policy: L A W E V I E W The scope of the Indiana Health Law Review includes bioethics, malpractice liability, managed care, anti-trust, health care organizations, medical-legal research, legal medicine, food and drug, and other current health-related topics. Detach and mail this subscription form today to receive future issues Subscription Price: $20.00 Two (2) Issues Automatic Renewal Foreign Mailing Is Extra Mail form to: Indiana Health Law Review Indiana University School of Law - Indianapolis Attn: Executive Business Editor Lawrence W. Inlow Hall, Room 136C 530 W. New York Street Indianapolis, IN 46202-3225 Questions? Email: ihlr@iupui.edu Phone:(317)278-9519 www.indylaw.indiana.eduHhIr Mailing Address: Name/Title Company/School Address City_ Email State ZIP Payment IVIethod: D Enclosed (Make Check Payable to Indiana Health Law Review) n Bill Me Later i^KlSiiliBfcDATE lil->, 20C 'ftoGRAM ON Law a,nd Sivvre G<::NBmi\hEH ^^^Bl:„ F,£iiovy;sHi,?-' SyMPOsajA^ l//->- Ploasf ioiii us lor ihe 7th Aniuiji Fellowship Symposium WELLNESS AND THE LAW: State Governments' Role in Addressing America's Public Health Crisis Friday, October 5, 2007 Wynne Courtroom (Room 1 00) indlana University School of law - Indianapolis injow Hall 530 West New York Street Indianapolis, IN 46202 For more information contact Therese Kamm at (3 17} 274-8616 or ^amm@(upui,edu Also see the web site for more details: indyiawjndiana.edu/programs/low_Statej3ov ;g:Sf§: Indiana University Scltool of Law—Indianapolis 2006-2007 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 Deanfor Student Services. 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 Institutional Advancement. J.D., Indiana University School of Law—Indianapolis. Teresa (Terri) J. Cuellar, Director of Technology Services. B.S., St. Bonaventure University, New York. Virginia Marschand, Director ofAdministration and Finance. B.A., Indiana University — Kokomo; M.P.A., Indiana University-Purdue University—Indianapolis; J.D., Indiana University School of Law—Indianapolis. Claire Grove, Director of the LL.M. Program. B.A., Indiana University; J.D., Indiana University School of Law—Indianapolis. Patricl\ Kimberly Kinney, Director ofAdmissions. B.S., Purdue University; J.D., Indiana University School of Law—Indianapolis. Amanda Kamman, Acting Director ofDevelopment. B.A., Indiana University. Heather McCabe, Director, Public Health Law Program, William S. and Christine S. Hall Centerfor Law and Health and Grant Specialist. B.A., 1993, Indiana University — Bloomington; M.S.W., 1996, Indiana University School of Social Work — Indianapolis; J.D., 2003, Indiana University School of Law—Indianapolis. Chastity Thompson Adewopo, Director of Professional 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. CYKY¥l\^kY£R,Associate Clinical ProfessorofLaw and Director, Program on Law and State Government. B.A., J.D., Valparaiso University. GeraldL.BEPKO,/«