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Kenneth D. Chestek*

* © Kenneth D. Chestek 2012. Clinical Professor of Law, Indiana University School of Law–Indianapolis. This article is an elaboration of the author’s presentation to the Third Applied Legal Storytelling Conference, Chapter 3: Trailblazing on the Great Divide, held in July, 2011 at the University of Denver–Sturm College of Law. The author wishes to thank Profs. Ruth Anne Robbins, Steve Johansen, Linda Edwards, Linda Berger, and Michael Smith for their helpful comments on early drafts of this work, and my colleagues at IU-Indianapolis, who provided helpful comments following a colloquium while this paper was being conceived. I also wish to thank my research assistant, Naima Solomon, J.D. Candidate in the Class of 2012 from Indiana University School of Law–Indianapolis, for her valuable assistance in the research into the cases I discuss in this paper.