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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. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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