Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (11612)
- Legal Education (2316)
- Legal Profession (2067)
- International Law (1061)
- Constitutional Law (920)
-
- Courts (848)
- Legislation (769)
- Legal Biography (713)
- Communications Law (693)
- Social and Behavioral Sciences (651)
- Administrative Law (557)
- Comparative and Foreign Law (525)
- Criminal Law (477)
- Labor and Employment Law (429)
- Antitrust and Trade Regulation (408)
- Judges (376)
- Civil Rights and Discrimination (340)
- Intellectual Property Law (328)
- State and Local Government Law (323)
- Commercial Law (313)
- Tax Law (299)
- Environmental Law (292)
- Legal History (288)
- Family Law (258)
- First Amendment (254)
- Torts (251)
- Legal Writing and Research (248)
- Law and Economics (236)
- Law and Society (226)
- Law and Politics (225)
- Keyword
-
- Indiana University School of Law (560)
- Deans (374)
- Book Review (317)
- Indiana (295)
- Indiana University Maurer School of Law (249)
-
- Supreme Court (198)
- Indiana State Bar Association (186)
- Globalization (175)
- Indiana University Law School (173)
- First Amendment (167)
- Federal Communications Commission (162)
- FCC (156)
- Legal education (156)
- Jurisdiction (118)
- Constitution (112)
- Legal profession (109)
- International law (106)
- Constitutional Law (101)
- Alumni (95)
- Regulation (94)
- Constitutional law (90)
- Jurisprudence (89)
- Criminal law (88)
- Judges (87)
- Contracts (84)
- Appointment (82)
- Internet (82)
- United States (79)
- Law Students (78)
- Indiana University (76)
- Publication Year
- Publication
-
- Indiana Law Journal (4820)
- Articles by Maurer Faculty (2990)
- Indiana Law Annotated (930)
- Indiana Journal of Global Legal Studies (747)
- Federal Communications Law Journal (626)
-
- Indiana Journal of Law and Social Equality (164)
- Res Ipsa Loquitur (137)
- Maurer Theses and Dissertations (107)
- Keep Up With the Latest News from the Law School (blog) (86)
- Ergo (85)
- IUSTITIA (80)
- IP Theory (77)
- Recognition Ceremony (65)
- Bill of Particulars (55)
- Sheldon Plager (1977-1984) (55)
- Exordium (52)
- Academy of Law Alumni Fellows (50)
- Indiana Law Update (49)
- Douglass Boshkoff (1971-1972 Acting; 1972-1975) (45)
- Lauren Robel (2002 Acting; 2003-2011) (40)
- William Harvey (1966-1971) (40)
- Alfred Aman Jr. (1991-2002) (38)
- Bryant Garth (1986-1987 Acting; 1987-1990) (38)
- Austen Parrish (2014-2022) (37)
- Arbutus (Yearbook) (35)
- David Banta (1889-1896) (32)
- Books & Book Chapters by Maurer Faculty (30)
- The Appeal (27)
- Historic Documents (26)
- Leon Wallace (1951-1952 Acting; 1952-1966) (26)
- Publication Type
- File Type
Articles 31 - 60 of 11980
Full-Text Articles in Entire DC Network
Patent Term Tailoring, Sarah Rajec
Patent Term Tailoring, Sarah Rajec
Indiana Law Journal
Patent rights are designed to encourage innovation with both the promise of a patent and with its expiration. Currently, patent term lasts from issuance until twenty years from the application date, with minor exceptions. The patent term is limited so that rewards for past invention do not overly hinder future progress. Although the goal is laudable, a uniform patent term is a blunt instrument to achieve such a nuanced balance. Historically, the patent system was not averse to tailoring terms through, for example, individually granted extensions to undercompensated inventors or term curtailment when a foreign patent holder failed to “work” …
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Indiana Law Journal
It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …
The Procedural Justice Industrial Complex, Shawn E. Fields
The Procedural Justice Industrial Complex, Shawn E. Fields
Indiana Law Journal
The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice – that a polite cop is a lawful cop – promotes a false consciousness among would-be reformers that progress has been made, evokes a false sense of legitimacy divorced from objective indicia of lawfulness or morality, and claims the mantle of “reform” in the process. It is not just that procedural justice is a suboptimal type of reform; …
Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino
Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino
IP Theory
The United States Patent and Trademark Office (“USPTO”) has recently been characterized as having a “penchant” for refusing trademark registrations on the grounds of failure to function. This trend has come with commentary, both praising the doctrine’s ability to efficiently supplement the distinctiveness analysis by assessing use and criticizing the inconsistent application of the doctrine. The sources of this academic commentary, from Alexandra J. Roberts and Lucas D. Cuatrecasas, serve as the heads of two camps regarding the failure to function doctrine. The first encourages an increased application of the doctrine as a combined distinctiveness and use analysis. The second …
The Copyright Requirement Of Human Authorship For Works Containing Artificial Intelligence-Generated Content, Runhua Wang
The Copyright Requirement Of Human Authorship For Works Containing Artificial Intelligence-Generated Content, Runhua Wang
IP Theory
The U.S. Copyright Office (the “Office”) unwaveringly refuses to register copyrights for artworks created by artificial intelligence (“AI”) systems. The prima facie reason is a lack of authorship because the U.S. copyright regime recognizes only humans as authors. However, the fundamental reason lies in the fact that legislators have not yet determined whether to grant copyrights to AI users. Despite adjustments made by the Office in response to the use of AI systems in creation, the agency’s implementation of copyright statutes suggests that it remains extremely conservative, rejecting any AI-generated content (“AIGC”) from copyright registration.
Will the copyright regime continue …
La Fin Du Droit National A L'Interruption Volontaire De Grossesse Aux Etats-Unis: Quels Enseignements Pour L'Etude Comparative Des Droits?, Elisabeth Zoller
La Fin Du Droit National A L'Interruption Volontaire De Grossesse Aux Etats-Unis: Quels Enseignements Pour L'Etude Comparative Des Droits?, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.
In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.
Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …
Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd
Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.
“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.
Vol. 65, No. 13 (November 20, 2023)
Vol. 65, No. 12 (November 13, 2023)
Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day
Maurer Law Events
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …
Vol. 65, No. 11 (November 6, 2023)
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.
Vol. 65, No. 10 (October 30, 2023)
Vol. 65, No. 09 (October 23, 2023)
Vol. 65, No. 08 (October 16, 2023)
Vol. 65, No. 07 (October 2, 2023)
Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla
Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla
IP Theory
Although the U.S. has some measures of privacy protection for genetic data, the lack of a comprehensive approach to protecting direct-to-consumer genetic testing results in privacy violations for both consumers and their relatives. This essay explores the critical need for the U.S. government to address these privacy violations and argues that the U.S. should approach the problem and strategize a solution similar to the European Union’s (EU) General Data Protection Regulation (GDPR). Part I identifies current United States law, both federal and state regulations that address DTC-GT and genetic privacy. Part II examines the lack of regulation surrounding current DTC-GT …
What's Not Natural Phenomena? Let's Consider A Three-Step Innovative Concept Test For Composition Of Matter Claims, Sydney Hancock
What's Not Natural Phenomena? Let's Consider A Three-Step Innovative Concept Test For Composition Of Matter Claims, Sydney Hancock
IP Theory
Biotechnology innovation is rapidly growing, especially in the realm of biotech. This growth leads to questions about patent subject matter eligibility of natural phenomena. For example, currently the human genome and microbiome are being extensively studied, bacteriophages are being edited, animals are being cloned, and CRISPR is widespread. Additionally, composition of matter patent claims give the most protection to patent holders. Therefore, knowing when a natural phenomenon veers into human innovation is important for courts, lawyers, and innovators in the era of biotechnology and genetic engineering.
Part I discusses the history of Supreme Court cases on natural phenomena subject matter …
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
IP Theory
The Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”
But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance …
Taxation Of Intellectual Property Litigation, Chitra A. Ram
Taxation Of Intellectual Property Litigation, Chitra A. Ram
IP Theory
In the field of intellectual property law, few attorneys consider the tax implications of legal proceedings prior to undertaking litigation. In studying the interdisciplinary space between intellectual property law, litigation, and taxation practices, this Article hopes to further expand existing research on the scope and incentives behind intellectual property protection in the United States, the policies underlying the system of federal income taxation adopted by the United States, and the precedents upheld by courts in deciding matters at the nexus of intellectual property litigation costs, expenses, and taxation.
Vol. 65, No. 06 (September 25, 2023)
Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd
Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Four distinguished women judges from the Middle East and North Africa—including the first female judge in Jordanian history—will visit the Indiana University Bloomington campus Sept. 25-26 for a conference titled “Women Judges in Dialogue,” where they will discuss their own experience as women in the judiciary as well as issues surrounding constitutional adjudication in the region. They will be joined by faculty from the Hamilton Lugar School of Global and International Studies and the Maurer School of Law.
Sponsored by the Center for the Study of the Middle East (CSME) at HLS and the Center for Constitutional Democracy (CCD) …
Vol. 65, No. 05 (September 18, 2023)
Vol. 65, No. 04 (September 11, 2023)
Vol. 65, No. 03 (September 4, 2023)
Evaluating Copyright Protection In The Data-Driven Era: Centering On Motion Picture's Past And Future, Chieh-Li Pai
Evaluating Copyright Protection In The Data-Driven Era: Centering On Motion Picture's Past And Future, Chieh-Li Pai
Maurer Theses and Dissertations
Since the 1910s, Hollywood has measured audience preferences with rough industry-created methods. In the 1940s, scientific audience research led by George Gallup started to conduct film audience surveys with traditional statistical and psychological methods. However, the quantity, quality, and speed were limited. Things dramatically changed in the internet age. The prevalence of digital data increases the instantaneousness, convenience, width, and depth of collecting audience and content data. Advanced data and AI technologies have also allowed machines to provide filmmakers with ideas or even make human-like expressions. This brings new copyright challenges in the data-driven era.
Massive amounts of text and …
New Firstgen Student Organization Uniting Path-Breaking Students, James Owsley Boyd
New Firstgen Student Organization Uniting Path-Breaking Students, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Barbara Bernal Monnroy arrived in the United States from her native Venezuela at the age of 16, with no practical English language knowledge or skills. “Generation Zero,” as she puts it. Though she was a year behind because of the language barrier, Monnroy worked tirelessly to succeed, eventually graduating from a Florida high school with strong enough credentials to earn a place at Davis & Elkins College. She succeeded there, too, in rural West Virginia, earning valedictorian honors and serving as the college’s graduation speaker.
Maurer Federalist Society Chapter Honored With National Award, James Owsley Boyd
Maurer Federalist Society Chapter Honored With National Award, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer School of Law’s Federalist Society chapter has received the 2023 Benjamin Franklin Award for Spring Breakout Chapter. The award was accepted last month by the chapter’s co-presidents, Nick Clifford and Claudia Eder, at the Federalist Society’s National Leadership Conference in Washington, D.C.