Ivan E. Bodensteiner

Ivan E. Bodensteiner



Valparaiso University Law School

656 S. Greenwich Street

Valparaiso, Indiana 46383

(219) 465-7852

Education:Law School—J.D., University of Notre Dame, 1968

College—B.A., Loras College, 1965

Employment:Legal Services Program, Fort Wayne, Indiana; staff attorney, August 1968–June 1970; director, June 1970–August 1972

ValparaisoUniversitySchool of Law:

Assistant Professor—1972–1977

Associate Professor—1979–1982


Dean—1985–90 & 1997–1998

Teaching: Clinical Program; Federal Courts; Civil Procedure; Civil Rights; Trial Practice; Evidence; Constitutional Law; Torts

Indiana Center on Law & Poverty, Inc., Indianapolis, Indiana, and Project Justice & Equality, Inc., Gary, Indiana, July 1974–June 1977

Legal Aid Society of Hawaii; consultant on litigation and staff development, July 1977–June 1978

Legal Services Programs (Indianapolis and South Bend, Indiana); director of litigation, July 1978–July 1979

Consultant, Legal Services Corporation, Office of Program Support, and Legal Services Programs, New Lawyer and Federal Practice Training Conferences, 1976–1985


Publications and


Recent Publications


Rosalie Berger Levinson and Ivan E. Bodensteiner, Civil Rights Legislation and Litigation (2008).

I. Bodensteiner & R. Levinson, State and Local Government Civil Rights Liability, Thomson/West (1987); five-volume treatise, with annual Supplement.


The Risk of Complaining—Retaliation, 38 J.C. & U.L. 1 (2011).

Although Risky after Ricci and Parents Involved, Benign Race-Conscious Action is Often Necessary, 22 Nat’l Black L.J. (2010).

Congress Needs to Repair the Court’s Damage to §1983, 16 Tex. J. C.L. & C.R. 29 (2010).

The Supreme Court as the Major Barrier to Racial Equality, 61 Rutgers L. Rev. 101 (2009).

The Implications of Psychological Research Related to Unconscious Discrimination and Implicit Bias in Proving Intentional Discrimination, 73 Mo. L. Rev. 83 (2008).

An Expressive Jurisprudence of the Establishment Clause, 112 Penn State L. Rev. 77 (2007) (co-author—Prof. Alex Geisinger).

The Demise of the First Amendment as a Guarantor of Religious Freedom, 27 Whittier L. Rev. 415 (2005).

Review of David E. Bernstein’s You Can’t Say That!—The Growing Threat to Civil Liberties from Antidiscrimination Laws, 31 J.C. & U.L. 437 (2005).

Litigating Age and Disability Claims Against State and Local Government Employees in the New “Federalism” Era, 22 Berkeley J. of Emp. & Lab. L. 99 (2001) (co-author—Prof. Rosalie Levinson).

Peer Harassment—Interference with an Equal Educational Opportunity in Elementary and Secondary Schools, 79 Neb. L. Rev. 1 (2000).

Recent Presentations

Spoke at a CLE program in Indianapolis, on police liability, sponsored by Lorman (May 2012).

Participated in a student organization-sponsored lecture by Prof. Lash (University of Illinois Law School) as a commentator (Fall 2011).

CLE Presentation addressing Barnes v. Indiana–self-help or civil litigation to remedy violations of the Fourth Amendment (July 2011).

Participated in a student organization-sponsored discussion of the immigration-related decision in USA v. Arizona, enjoining enforcement of most of S.B. 1070 (October27, 2010).

Participated in a student organization-sponsored debate entitled Pastors and Politics—What do you Think? (October 14, 2010).

Spoke at a CLE program in Indianapolis, on police liability, sponsored by Lorman (June 2010).

Participated in a student organization-sponsored debate on Second Amendment, as interpreted in Heller (November 2009).

Participated in a student organization-sponsored debate on Freedom of Choice Act (April 2009).

Spoke at CLE program in Indianapolis on police liability (April 20, 2006).

Discussed Supreme Court appointments on a local radio station (August 29, 2005).

Presented a CLE program, on ADA, sponsored by the VU Clinical Program (February 4, 2005).

Spoke at a CLE program in Indianapolis, on police liability, sponsored by Lorman (January 18, 2005).

Moderator of MLK day program on the Fair Housing Act (January 17, 2005).

Spoke at a conference at Notre Dame for Human Resource personnel (June 2, 2004).

Spoke at the VU Business College on sexual harassment in the workplace (April 21, 2004).

Moderator of a student-sponsored discussion of same-sex marriage (March 26, 2004).

Discussed same-sex marriage on a local radio station (March 8, 2004).

Spoke at an ICLU-sponsored discussion, at IUN, of the PATRIOT Act (December 6, 2003).

Spoke to the VOLTS group on campus on civil liberties and the ACLU (November 17, 2003).

Spoke at a student-sponsored discussion of school vouchers at VUSL (November 11, 2003).

Discussed affirmative action (U. of Mich. cases) at VU Peace & Justice Symposium (November 11, 2003).

Conducted Constitutional Law review for the ICLEF bar review program at VUSL (June 16, 2003).

Spoke at Law & Pastoral Ministry conference at VUSL (April 28, 2003).

Professional Organizations:

American Bar Association

Indiana Bar Association

American Civil Liberties Union

American Association for Justice