Law Commons^™

Vol. 55, No. 05 (September 17, 2018)

Indiana Law Annotated

No abstract provided.

Vol. 55, No. 04 (September 10, 2018)

Indiana Law Annotated

No abstract provided.

Vol. 55, No. 03 (September 3, 2018)

Indiana Law Annotated

No abstract provided.

Vol. 55, No. 02 (August 27, 2018)

Indiana Law Annotated

No abstract provided.

Vol. 55, No. 01 (August 20, 2018)

Indiana Law Annotated

No abstract provided.

August 2018 Newsletter

Ergo

No abstract provided.

Our 19th Century Patent System, Gregory Reilly

IP Theory

The patent system is in flux. Concerns abound about the imperfect fit between traditional patent rights and the Information Age, excessive numbers of patents, overbroad patent rights, poor patent quality, and allegedly exploitative actors, like so-called “patent trolls.” In response, courts, commentators, and Congress have proposed, debated, and sometimes adopted a series of reforms and changes to patent rights, patent doctrines, and patent institutions. The America Invents Act of 2011 (AIA) introduced the most significant changes to the patent system since 1952 and was even described by one commentator (hyperbolically, as we will see) as “the most significant overhaul to ...

The Role Of Law Schools In The 100% Access To Justice Movement, Erika J. Rickard

Indiana Journal of Law and Social Equality

No abstract provided.

A Human-Centered Design Approach To Access To Justice: Generating New Prototypes And Hypotheses For Intervention To Make Courts User-Friendly, Margaret D. Hagan

Indiana Journal of Law and Social Equality

No abstract provided.

Law School Clinics And The Untapped Potential Of The Court Watch, Jessica Steinberg

Indiana Journal of Law and Social Equality

No abstract provided.

Unfinished Uniformity In Systematic Sentencing: Oppressive Treatment And Disproportionate Punishment Outcomes For Black Women In Federal Prisons, Alexandria M. Foster

Indiana Journal of Law and Social Equality

No abstract provided.

Is "Zero Tolerance" The Solution? Using Non-Punitive Policies In The Workplace To Reduce Domestic Violence, Tristan C. Fretwell

Indiana Journal of Law and Social Equality

No abstract provided.

Recognizing America's "Religious Nones" And Their Influence On Political And Legal Norms, Samuel Seeds

Indiana Journal of Law and Social Equality

No abstract provided.

Locked Away In Seg “For Their Own Protection”: How Congress Gave Federal Corrections The Discretion To House Transgender (Trans) Inmates In Gender-Inappropriate Facilities And Solitary Confinement, Ash Olli Kulak

Indiana Journal of Law and Social Equality

No abstract provided.

Dean's Desk: Graduating Class Of 2018 Provides Opportunity To Reflect, Austen L. Parrish

Austen Parrish (2014-)

On May 5, our faculty, staff, friends and family will gather in Indiana University’s beautiful auditorium to celebrate the IU Maurer School of Law Class of 2018. Presiding at our commencement ceremony is a privilege, and our graduates will go on to do great things. I look forward to having them return to the school to hear of their continued success.

As we celebrate the achievements of this year’s graduating class and look forward to the future, we also look back and celebrate the many accomplishments of those graduates who came before them. We recognize alumni achievements informally ...

May 2018 Newsletter

Ergo

No abstract provided.

Vol. 54, No. 13 (April 16, 2018)

Indiana Law Annotated

No abstract provided.

Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman

IP Theory

The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic ...

2018 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.

Intellectual Property, Surrogate Licensing, And Precision Medicine, Jacob S. Sherkow, Jorge L. Contreras

IP Theory

The fruits of the biotechnology revolution are beginning to be harvested. Recent regulatory approvals of a variety of advanced therapies—Keytruda (pembrolizumab), Kymriah (tisagenlecleucel), and patisiran—have ushered in an age of “precision medicine” treatments that target patients’ specific genetic, physiological, and environmental profiles rather than generalized diagnoses of disease. Therapies like these may soon be supplemented by gene editing technologies such as CRISPR, which could enable the targeted eradication of deleterious genetic variants to improve human health. But the intellectual property (IP) surrounding precision therapies and their foundational technology remain controversial. Precision therapies ultimately rely—and are roughly congruent ...

Vol. 54, No. 12 (April 9, 2018)

Indiana Law Annotated

No abstract provided.

Vol. 54, No. 11 (April 2, 2018)

Indiana Law Annotated

No abstract provided.

Spring 2018 Magazine

Ergo

No abstract provided.

Whistleblowing Speech And The First Amendment, Ronald J. Krotoszynski Jr.

Indiana Law Journal

Alexander Meiklejohn, the iconic First Amendment scholar who expounded the democratic self-government theory of the freedom of speech, posited that for demo-cratic self-government to function, the voters themselves must possess the infor-mation necessary to hold the government accountable. Yet, the information neces-sary for the citizenry to render wise electoral verdicts not uncommonly belongs to the government itself, and government officials often prove highly reluctant to share information that reflects badly on them and their work. The lack of critically im-portant information about the government’s performance makes it difficult, if not impossible, for voters to hold government accountable on Election ...

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND EVOLUTIONARY APOCALYPSE - p. 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES TO BIODIVERSITY LOSS - p. 310

A. OVERKILL - p. 310

B. ALIEN INVASIVE SPECIES - p. 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT - p. 321

1. ISLAND BIOGEOGRAPHY - p. 321
2. PUBLIC LANDS MANAGEMENT - p. 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO GLOBAL COMMONS - p. 329 A. ENDANGERED SPECIES ACT MECHANICS - p. 330

1. LISTING ENDANGERED AND THREATENED SPECIES - p. 330
2. CRITICAL HABITAT - p. 333
3. INTERAGENCY CONSULTATION - p. 333

B. HABITAT CONSERVATION ON PRIVATE LANDS - p. 335

C. ΑΡΚΤΟΎΡΟΣ ...

Fourth Amendment Localism, Wayne A. Logan

Indiana Law Journal

INTRODUCTION - p. 370

I. SUBNATIONAL CONSTITUTIONALISM - p. 376

A. SUBSTANTIVE LAW - p. 377

B. GEOGRAPHY - p. 379

C. RESOURCES - p. 381

II. THE LOCALISTS - p. 382

A. “NEW DEMOCRATISTS” - p. 383

B. “NEW ADMINISTRATIVISTS” - p. 386

C. SUMMARY - p. 389

III. ASSESSING LOCALISM’S LIMITS - p. 391

A. TAILORING - p. 391

B. EXPERIMENTATION - p. 399

C. TIEBOUT SORTING AND EXTERNALITIES - p. 404

IV. WHITHER FOURTH AMENDMENT LOCALISM - p. 408

A. FOURTH AMENDMENT EXCEPTIONALISM - p. 409

1. INDIVIDUAL INTERESTS - p. 409
2. STRUCTURAL DEMOCRATIC INTERESTS - p. 411
3. COMPARATIVE DISTINCTIVENESS - p. 413

B. “LEVELING UP” FOURTH AMENDMENT DOCTRINE - p. 416

CONCLUSION - p. 419

Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars

Indiana Law Journal

This Article is the first to empirically analyze the impact of tort liability on suicide. Counter-intuitively, our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists—the very defendants who would seem best able to prevent suicide. Using a fifty-state panel regression for 1981 to 2013, we find that states which allowed psychiatrists (but not other doctors) to be liable for malpractice resulting in suicide experienced a 9.3% increase in suicides. On the other hand, and more intuitively, holding non-psychiatrist doctors liable de-creases suicide by 10.7%. These countervailing effects can be explained ...

Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English

Indiana Law Journal

Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the ...

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept ...

The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider

Indiana Law Journal

Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with ...