Law Commons^™

In Loving Memory Of Purva Sethi, Editor In Chief

Indiana Law Journal

1994–2020

Purva Sethi was a valued and loved member of this journal. During the

time we were privileged to work with her, she was diligent and team

oriented in everything she did. She always brought a smile with her to

the Journal office and excellence to her tasks. While she is no longer

with us, her memory will live on and shape us forever. As Professor

Charles Geyh said about Purva: “She was not someone that would let

something get in the way of her goals. She does have a legacy: a way

of looking at the world today ...

Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein

Indiana Law Journal

The law of trademark tarnishment—a type of trademark dilution—is in disarray. The

basic definition is deceptively simple. Trademark tarnishment occurs when a junior

mark harms the reputation of a substantially similar existing senior trademark by

associating itself with something perverse or deviant. However, it turns out that

Congress and the courts disagree over the prima facie evidence necessary to prove

its existence. The problem is that federal law and related legal principles are simply

ill-equipped to adequately analyze this unique market-driven doctrine. To make

matters worse, legal scholars cannot even agree on whether trademark tarnishment

can empirically exist ...

Healthcare Licensing And Liability, Benjamin Mcmichael

Indiana Law Journal

The United States’ affordable care crisis and chronic physician shortage have

required advanced practice registered nurses (APRNs) and physician assistants

(PAs) to assume increasingly important roles in the healthcare system. The increased

use of these nonphysician providers has improved access to healthcare and lowered

the price of care. However, restrictive occupational licensing laws—specifically,

scope-of-practice laws—have limited their ability to care for patients. While these

laws, by themselves, have important implications for the healthcare system, they also

interact with other legal regimes to impact the provision of care. Restrictive scopeof-

practice laws can increase the malpractice liability risk of ...

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...

Sharenting And The (Potential) Right To Be Forgotten, Keltie Haley

Indiana Law Journal

Part I of this Note serves as an evaluation of parental use of social media and

further seeks to draw attention to the social and developmental impact parental

oversharing can have on children. Part II examines the tension between parents’

constitutional rights to direct the upbringing of their children, as well as their First

Amendment interest in online expression, and their children’s interest in personal

data security and privacy. Part III provides an overview of the European Union’s

right to be forgotten framework in the sharenting context and considers the

plausibility of implementing such a framework in the ...

Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, Wenjing Du, Minghui Xiong

OSSA Conference Archive

In this paper, we will present an argumentative view of legal evidence. In an argumentation-based litigation game, the only purpose of the suitor (S) or the respondent (R) is to maximize their own legal rights while the purpose of the trier (T) is to maintain judicial fairness and justice. Different selections of evidence and different orders of presenting evidence will lead to different case-facts and even adjudicative results, the purpose of litigation is to reconcile a balance among the three parties - S, R, and T.

Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak

OSSA Conference Archive

No abstract provided.

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.

“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin

OSSA Conference Archive

Every individual when making an opinion always sees from a here-and-now point of view characterized by an overlapping of beliefs (produced by inner activities dealing with reasonings, feelings and ethical standards). In the history of philosophy we can find two main types of evidence, based on what we might call “linear” and “fractal” rationality. In the light of the former, which almost exclusively fosters formal deductivism, evidence is based on mere systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral etc.) are marginalized – persuasion included. In the light of “fractal” rationality, which is more adherent to ...

Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu

OSSA Conference Archive

In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from ...

Social-Ecological And Protective Factor Approach To Managing Parental Incarceration, Jacquelyn Harris

Dissertations

Mass imprisonment does not only impact the incarcerated individual; it also affects approximately five million children in the United States. Researchers identified and compare the impact of parental incarceration on child development. They acknowledged the protective factors across the lifecycle from a social-ecological perspective and specifically related to parental incarceration. The comprehensive literature review inspired an innovative model, the social-ecological and protective factor approach to managing parental incarceration. The primary goal of this model is to combat the detrimental effects of parental incarceration by identifying protective factors across the lifecycle and throughout the microsystem, mesosystem, and exosystem. This model is ...

Human Rights And Global Health Emergencies Preparedness, Andrea Boggio

History and Social Sciences Faculty Journal Articles

The spread of infectious disease is always ranked high as a global threat. It features prominently among the list of urgent health challenges for the next decade, issued in early January 2020 by WHO. The emergence of the 2019 Novel Coronavirus (COVID-19) in the Hubei Province in China, is a reminder of global health vulnerabilities.

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared ...

Corpus Linguistics And Vico's Lament: Against Vivisectional Jurisprudence, Francis J. Mootz Iii

Nevada Law Journal

No abstract provided.

Ethos At The Intersection: Classical Insights For Contemporary Application, Melissa H. Weresh

Nevada Law Journal

No abstract provided.

Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon

Nevada Law Journal

No abstract provided.

Walk The Line: Aristotle And The Ethics Of Narrative, Lori D. Johnson, Melissa Love Koenig

Nevada Law Journal

No abstract provided.

Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb

Nevada Law Journal

No abstract provided.

[Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric And Lawyer Digital Public Commentary, Kirsten K. Davis

Nevada Law Journal

No abstract provided.

Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone

Nevada Law Journal

No abstract provided.