Law Commons^™

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

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

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.

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

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.

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.

Where Is The Author: The Copyright Protection For Ai-Generated Works, Chieh Huang

Maurer Theses and Dissertations

The two groups of the human-or-machine questions, whether AI-generated works are copyrightable and whether AI-generated works have human authors, are revisiting the current copyright law with the emergence of AI-generated works. These revisiting questions reveal that the current authorship requirement fails to provide a clear and operable standard on evaluating a human contributor’s intellectual labor for creative output. Such a defect of the current authorship requirement has to be fixed to respond to the technological change of artificial intelligence and the burgeoning prevalence of AI- or advanced computer program-generated works.

This dissertation’s main goal is to fix the flaw …

Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin

Articles by Maurer Faculty

תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …

Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks

Articles by Maurer Faculty

Authors' Synopsis: In October 2015, the American Bar Association's Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force's work. Part I of the Report is an Executive Summary of the Task Force's recommendations. Part II provides the background necessary to understand the Task Force's recommendations. Part III briefly sets forth the Task Force's comments on the Tax Cuts and Jobs Act of 2017 as it relates …

Introducing The Global Data Privacy Prize, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

If The Legislature Had Been Serious About Data Privacy..., Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Cyber Law And Espionage Law As Communicating Vessels, Asaf Lubin

Books & Book Chapters by Maurer Faculty

Professor Lubin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.

Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws …

Expanding The Artificial Intelligence-Data Protection Debate, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Cybersecurity And The New Era Of Space Activities, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Securing The Internet Of Healthcare, Michael Mattioli, Scott J. Shackelford, Steve Myers, Austin Brady, Yvette Wang, Stephanie Wong

Articles by Maurer Faculty

Cybersecurity, including the security of information technology (IT), is a critical requirement in ensuring society trusts, and therefore can benefit from, modern technology. Problematically, though, rarely a day goes by without a news story related to how critical data has been exposed, exfiltrated, or otherwise inappropriately used or accessed as a result of supply chain vulnerabilities. From the Russian government's campaign to influence the 2016 U.S. presidential election to the September 2017 Equifax breach of more than 140-million Americans' credit reports, mitigating cyber risk has become a topic of conversation in boardrooms and the White House, on Wall Street and …

The New Writs Of Assistance, Ian Samuel

Articles by Maurer Faculty

The providers of network services (and the makers of network devices) know an enormous amount about our lives. Because they do, these network intermediaries are being asked with increasing frequency to assist the government in solving crimes or gathering intelligence. Given how much they know about us, if the government can secure the assistance of these intermediaries, it will enjoy a huge increase in its theoretical capacity for surveillance—the ability to learn, in principle, almost anything about anyone. That has the potential to create serious social harm, even assuming that the government continues to adhere to ordinary democratic norms and …

An Unstoppable Force And An Immoveable Object? Eu Data Protection Law And National Security, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson

Articles by Maurer Faculty

Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation …

The Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald

Indiana Journal of Global Legal Studies

On November 27, 2014, the Organization of Petroleum Exporting Countries met in Vienna and adopted a bold stance against increasing supply from beyond the reach of the cartel. Rather than reduce their own production, the cartel decided to allow market forces to dictate the price of a barrel of oil. By doing this, Saudi Arabia-the de-facto leader of the cartel-made a bet that the burgeoning shale gas industry within the United States would be unable to cope with a sharp fall in the price of oil. Over the course of the following two years, the U.S. energy sector-aided by further …

The Rise Of Cybersecurity And Its Impact On Data Protection, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

Machine Learning With Personal Data: Is Data Protection Law Smart Enough To Meet The Challenge?, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

Data Protection And Humanitarian Emergencies, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

The Gdpr As A Chance To Break Down Borders, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Nora Ni Loideain

Articles by Maurer Faculty

No abstract provided.

The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin

Articles by Maurer Faculty

Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and social-ecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …

An Evaluation Of U.S. National Wildlife Refuge Planning For Off-Road Vehicle Use, Robert L. Fischman, Vicky J. Meretsky, Katie Freeman, Alexi Lamm, Leah Missik, Scott Salmon

Articles by Maurer Faculty

Off-road vehicles (hereafter, ORVs) rank high among public-land management challenges because they are popular, often impair environmental conditions, and may cause conflicts with other recreational users. Unit-level planning for federal lands increasingly translates broad, system-wide objectives, such as maintenance of ecological integrity, into place-based limitations on ORV use to minimize and mitigate adverse impacts on wildlife. We reviewed 176 planning documents covering 313 National Wildlife Refuges (hereafter, Refuges) to understand how planning supports or undermines ORV recreation management. These plans offer an important perspective on ORV management because the Refuges are a large, diverse system of conservation lands where recreation …

Wringing Wonder From The Arid Landscape Of Law, Robert L. Fischman

Articles by Maurer Faculty

Charles Wilkinson’s estimable contribution to public land law scholarship is widely cited but only partly understood. From the mid-1970s to the mid-1980s he upended the field by elevating the diffuse public interest, displacing creation and adjudication of private property interests as the field’s focus. However, his subsequent scholarship grappled with an even more important challenge that has been far less noted. Beginning in the late 1980s, Wilkinson explored how legal institutions should determine the pluralistic, public interest. In trailblazing articles and books, he rose to the challenge with site-specific details, compelling narratives, and aspirational themes. This work undermined the dominance …

Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl

Articles by Maurer Faculty

All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …

Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer

Indiana Law Journal

Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.

Big Data And The Fourth Estate: Protecting The Development Of News Media Monitoring Databases, Joseph A. Tomain

Articles by Maurer Faculty

No abstract provided.

Leveraging Federal Land Plans Into Landscape Conservation, Robert L. Fischman

Articles by Maurer Faculty

Professor Fischman’s article suggests several ways in which a mandated unit-level (e.g. an individual national forest) plan can better contribute to goals of a larger region (e.g. the Willamette River watershed) and of federal agencies (e.g. mandates to maintain ecological integrity). The scientific literature is largely in agreement that achieving ecological integrity, adaptive management, and climate change resiliency all require large-scale coordination across property boundaries and jurisdictions. The author takes these widely accepted findings as a starting point and shows how public agencies can implement effective practices. The article attempts to integrate traditional regulatory analysis with actual planning practices as …

Big Data, Bigger Dilemmas: A Critical Review, Hamid Ekbia, Michael Mattioli, Inna Koupe, G. Arave, Ali Ghazinejad, Timothy Bowman, Venkatq R. Suri, Tsou Andrew, Scott Weingart, Cassidy R. Sugimoto

Articles by Maurer Faculty

The recent interest in Big Data has generated a broad range of new academic, corporate, and policy practices along with an evolving debate among its proponents, detractors, and skeptics. While the practices draw on a common set of tools, techniques, and technologies, most contributions to the debate come either from a particular disciplinary perspective or with a focus on a domain-specific issue. A close examination of these contributions reveals a set of common problematics that arise in various guises and in different places. It also demonstrates the need for a critical synthesis of the conceptual and practical dilemmas surrounding Big …

A Review Of "Climate Justice: Vulnerability And Protection," By Henry Shue, Edwardo Rhodes

Indiana Journal of Global Legal Studies

Henry Shue's Climate Justice: Vulnerability and Protection offers an extremely useful and readable guide to the key challenges, workable objectives, and possible responses to a major-if not the major-global problem faced today. For anyone interested or working in the area of international carbon emission control and remediation, this book places the subject in a combined philosophical and economic development framework while imposing an overarching principle of fairness.

Henry Shue presents an interesting and informative collection of essays and articles on climate change and the need for a method of global response to deal with the prickly issues of global warming. …