Law Commons^™

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 …

Shields Up For Software, Derek E. Bambauer, Melanie J. Teplinsky

UF Law Faculty Publications

This Article contends that the National Cybersecurity Strategy's software liability regime should incorporate two safe harbors. The first would shield software creators and vendors from liability for decisions related to design, implementation, and maintenance, as long as those choices follow enumerated best practices. The second—the “inverse safe harbor”—would have the opposite effect: coders and distributors who engaged in defined worst practices would automatically become liable. This Article explains the design, components, and justifications for these twin safe harbors. The software safe harbors are key parts of the overall design of the new liability regime and work in tandem with the …

Brief Of Amici Curiae Privacy And First Amendment Law Professors In Support Of Defendant-Appellant And Reversal, G. S. Hans, Hannah Bloch-Wehba, Danielle K. Citron, Julie E. Cohen, Mary Anne Franks, Woodrow Hartzog, Margot E. Kaminski, Gregory P. Magarian, Frank Pasquale, Neil Richards, Daniel J. Solove

Faculty Scholarship

STATEMENT OF INTEREST: Amici curiae are law professors and scholars of data privacy, constitutional law, and the First Amendment. Amici write to provide the court with scholarly expertise on the complexities of data privacy law and its intersection with the First Amendment. Amici have collectively written scores of academic articles and multiple books on data privacy, technology, the First Amendment, and constitutional challenges to state and federal privacy regulation.

Amici submit this brief pursuant to Fed. Rule App. P. 29(a) and do not repeat arguments made by the parties. No party’s counsel authored this brief, or any part of …

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.

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

Popular Media

The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.

California’S 2023 Legislative Cycle: Governor Newsom Provides Victories And Losses For The Labor Movement, Victoria Chan

GGU Law Review Blog

During the 2023 legislative cycle, the California Legislature sent more than 900 bills to Governor Gavin Newsom’s desk for his review. Of the 900 bills, thirteen bills were sponsored by the California Labor Federation (CLF) in support of major labor initiatives. The CLF is a coalition of 1,200 unions dedicated to protecting workers. The CLF indicated that this past legislative year was a “fantastic year for organized labor in the [California] State Legislature,” specifically, thirteen of its sponsored bills passed the California Legislature and arrived at the Governor’s desk for his review.

Below is a preview of two workers’ rights …

Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters

Faculty Scholarship

Managerial governance is often operationalized through outsourcing the regulatory function from public institutions—for example, administrative agencies—to private organizations. In virtually any sector, it is possible to identify private “regulatory intermediaries” that step between public agencies and regulated parties to perform tasks traditionally played by government actors—for example, the development of regulatory standards, auditing, compliance assurance, enforcement, and more. Although this reliance on private regulatory intermediaries may in some cases be highly advantageous to government institutions since it may sometimes allow government agencies to do more regulatory work than their own resources and capacity might allow—it comes at significant costs of …

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.

Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Twitter Trends During The 82nd Session Of The Nevada Legislature, 2023, Annie Vong, Zachary Billot, Mary Blankenship, Caitlin J. Saladino, William E. Brown Jr.

Elections & Governance

This fact sheet examines Twitter trends during the 82nd Session of the Nevada Legislature (2023). Data are comprised of tweets posted on Twitter by users located in Nevada addressing the most discussed topics during the session.

Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin

Articles by Maurer Faculty

The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …

Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin

Law & Economics Working Papers

The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.

As part of the Notre Dame Law Review’s Symposium on the History of the Ad- ministrative Procedure Act …

Fostering Patient Safety: Importance Of Nursing Documentation, Shamsa Samani, Salma Amin Rattani

School of Nursing & Midwifery

Background: Nurses are professionally accountable for assessing and documenting patients’ vital signs. Nurses failing to fulfill this responsibility position their patients at risk. This paper presents two real-life cases pertaining to patients’ safety resulting in fatal outcomes, leading to the professional, legal, and ethical liability of nurses as the providers of patient care.
Objective: This paper focuses on the role of organizational culture in fostering patient safety specifically in monitoring and documentation of patients’ vital signs and early recognition of warning signs.
Methodology: A comprehensive literature search was conducted using various databases, examining the significance of vital signs monitoring and …

(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970, Audrey Glendenning, Martin Nie, Monte Mills

Articles

Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties, managing lands to allow for multiple uses, and conservation or protection. After over a century of such varied approaches, the modern public landscape is a complex milieu of public and private interests, laws and policies, and patchwork ownership patterns. This complexity depends on—and begins with—the history of Indigenous dispossession but subsequent …

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland

Baker Scholar Projects

The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …

To Meet Or Not To Meet, That Is The Question: An Analysis Of The Meeting Requirement Of The Arkansas Freedom Of Information Act, Jerry L. Canfield

Arkansas Law Notes

The Arkansas Freedom of Information Act (“FOIA”) of 1967 provides open public access to “all meetings, formal and informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas.” Through the years, FOIA’s open meetings provision has been amended as to executive sessions, to provide for recording of meetings, and to provide for meetings via electronic means in the event of a declared disaster emergency. However, the basic requirement that meetings of governing bodies be open to the public has remained unchanged since …

Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School

Reports and Resources

No abstract provided.

Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An environmental law expert from the Indiana University Maurer School of Law served as an expert witness today (April 18) as part of a congressional hearing on the Endangered Species Act (ESA). Professor Rob Fischman participated in one of three panels convened by the U.S. House Natural Resources Subcommittee on Water, Wildlife, and Fisheries as lawmakers consider four Congressional Review Act (CRA) resolutions challenging the implementation of certain aspects of the ESA.

S23rs Sgr No. 11 (Additional Students To Faculty Senate Committees), John Sweat, Calvin Feldt, Emma Long, Lailah Williams

Student Senate Enrolled Legislation

To Urge and Request the Louisiana State University Faculty Senate to include at least one student member on every faculty senate committee, and to make student members voting members

S23rs Sgr No. 12 (Congratulations To Lsu Women's Basketball), Jahi Palmer, Amelie Chadwich, Lavar Henderson, Kyah Matthews

Student Senate Enrolled Legislation

To Commend, Congratulate, and Show Appreciation on behalf of LSU’s Student Body toward LSU Women’s Basketball team for their National Championship win

S23rs Sgr No. 6 (Support Of Florida Academia), Lailah Williams, Chloe Berry, Lillie Bourgeois, Corbitt Driskell, An Tra, Holden White

Student Senate Enrolled Legislation

To Urge and Request Student Government support for Floridian Educators and Administrators

S23rs Sgr No. 8 (Minimum Wage), Alicia Cerquone, Emma Bruney, Copper Ferguson, Gabby Boodhoo

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University to enact a campus-wide minimum wage that will increase over time for all employees directly employed or contracted by Louisiana State University

S23rs Sgr No. 10 (Encourage Faculty Senate Resolution), Calvin Feldt, Samantha Staggs

Student Senate Enrolled Legislation

To Urge and Request LSU’s faculty to integrate the language proposed in LSU Faculty Senate Resolution 23-02 establishing expectations around course grading and communication

S23rs Sgr No. 14 (Inclusive Dinning Options On Website), Lavar Henderson, Taylor Jarrell

Student Senate Enrolled Legislation

To Urge and Request LSU Dining to include which dining options provide Vegan, Halal, Gluten-free, and Kosher foods on their website

S23rs Sgr No. 16 (Turbovote), Lailah Williams, Emma Long

Student Senate Enrolled Legislation

To Urge and Request LSU Administration to indefinitely fund TurboVote in order to continue the promotion of civic engagement on campus

S23rs Sgr No. 20 (Ada Plan), Cloe Edwards, Tabari Bowser, Elizabeth Laurent

Student Senate Enrolled Legislation

To Urge and Request that LSU Facility Services communicate the details of the ADA Transition Plan, distribute it throughout the LSU Community, and place elevator repairs as the top priorities

S23rs Sgr No. 18 (Ods Priority Scheduling), Brett Robertson

Student Senate Enrolled Legislation

To Urge and Request the University Registrar to recognize and continue to implement priority scheduling for all students registered with Disability Services

S23rs Sgr No. 22, Gabby Boodhoo, Alicia Cerquone, Prakash Dangal, Terry Geraldsen, Cullen Hodges, Lauren Wise, Jocelyn Wood

Student Senate Enrolled Legislation

To Urge and Request Louisiana State University to implement the recommendations established by the Graduate Student Healthcare Crisis committee

S23rs Sgr No. 19 (Construction Communication), Tabari Bowser, Cloe Edwards, Elizabeth Laurent

Student Senate Enrolled Legislation

To Urge and Request the LSU Administration to offer greater forms of communication about current construction efforts affecting the LSU campus and the lives of LSU faculty, staff, and students