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IBA: Interrogatories

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By Tyler D. Helmond, Voyles Zahn & Paul

fuentesLuis Fuentes-Rohwer

Professor of Law and Harry T. Ice Faculty Fellow, Indiana University Maurer School of Law

He is a graduate of the University of Michigan and the University of Michigan Law School. He holds a Ph.D. from the University of Michigan and an LL.M from the Georgetown University School of Law. He is an expert on race, democracy, and Puerto Rico. He is Dr. Luis Fuentes-Rohwer, and he has been served with interrogatories.

Q: Much of your scholarship has focused on the Voting Rights Act. The United States Supreme Court is scheduled to hear oral argument later this month in Shelby County v. Holder, a case that challenges the constitutionality of the “preclearance” provision of the VRA. What will you be looking for in the argument?

A: I will be looking for a discussion of the original intent of the framers of the Fourteenth Amendment over the scope of congressional powers. I will not be looking too hard, however. For some reason, originalists don’t spend a lot of time with the 14th Amendment. I’ll let you figure out why that is.



Q: Are you willing to make a prediction for how the case might come out?

A: Are you kidding? I love predictions! Like the Sebelius case, I just don’t think the Chief Justice wants the Court to strike down the Voting Rights Act under his watch. Imagine the headlines.



Q: There is a relatively new challenge to the procedure in which trial court judges are elected in Marion County. The plaintiff in Common Cause Indiana v. Indiana Secretary of State argues the unique system of primary election that ends up filling the entire bench with half Democratic nominees and half Republican nominees deprives Marion County citizens of the right to case a meaningful vote. What are your thoughts on how that questioned ought to be resolved?

A: Can you think of anything crazier than electing judges? Apparently, Marion County did. I am looking forward to reading how the Attorney General defends this process. It will be very challenging.



Q: The Maurer School of Law has lost three legendary faculty members recently: Patrick Baude, Dennis Long, and most recently, Leonard Fromm. What will be their legacies?

A: I don’t even know how you begin to replace them. They were remarkable teachers and mentors.



Q: You have three degrees from the University of Michigan and you teach at Indiana. Describe what you will be feeling on March 10th when the Hoosiers play the Wolverines in Ann Arbor in a game that could determine the Big Ten Title.

A: It was hard watching the first game, and it might be harder watching the finale. My youngest son couldn’t even watch the first one; he was very conflicted about it. I do think IU pulls it out and wins the Big Ten championship.

Q: President Obama recently remarked that if he had a son, he’d have to think long and hard before he would let him play football. With all of the challenges facing the modern law student – including rising tuition and diminishing job prospects – would you have any hesitation encouraging your children to go to law school?

A: On football, I agree with the president. But law school presents different challenges. If my children wanted to go to law school, I would ask them to be smart about it. Buying a legal education is not much different than buying anything else. Do your research and make smart decisions.



Q: Who has had the biggest influence on your writing? What advice would you give to law students and lawyers looking to improve their writing?

A: The biggest influence, believe it or not, was from a foreword I read a long time ago. The author didn’t quite say it like this, but the message was clear. Writing is a process and it “takes a village.” Don’t be afraid to take criticism, to ask for help, to edit your writing as many times as necessary. Great writing doesn’t just happen.



Q: What are the three best legal books of the past decade?

A: Oh man, that’s a tough question. If you are looking for fiction, anything by Grisham is quite entertaining. I loved Akhil Amar’s “America’s Constitution.” If I had to pick one book to recommend, it would have to be Fehrenbacher’s “The Dred Scott Case.”



Q: If you were starting a soccer team and you had to pick between Lionel Messi and Christiano Ronaldo, which would be the leader of Team LFR?

A: Will this be an MLS team? And will it be in Indianapolis? I am hoping this happens sometime soon. As for my pick, it’d have to be Ronaldo. If I picked anybody else, my boys would kill me.•

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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