Law Commons^™

Fair Use Failing The First Amendment? How The Parody And Satire Dichotomy May Be Stunting Political Discourse, Megan L. Wheeler

IP Theory

The First Amendment, in certain circumstances, is used as a defense to “protect[] satire and parody as a form of free speech and expression.”2 When it comes to jokes, “[q]uestions . . . have arisen in case law [pertaining to satire typically] concerning libel, emotional distress and copyright infringement.”3 Further, in a right of publicity claim, “[t]he First Amendment clearly protects all but the most intrusive coverage of news, or details of a person’s private life, such as are reported in the tabloid press or talk shows.”4 This demonstrates that humor and satire have a close relationship with the First …

Encouraging Public Access To Pharmaceuticals Through Modified Protection Of Clinical Trial Data, Scott M. Nolan Ii

IP Theory

Part I of this Article investigates the development of pharmaceuticals and clinical trial data with a focus on patent and data protection. Part II evaluates the effects of protection and the challenges it poses to widespread public pharmaceutical access. Part III discusses two scholarly approaches to the public access issue that focus on clinical data protection and their associated challenges. In light of these scholarly works, Part IV suggests a new approach to clinical trial data protection that aims to improve public pharmaceutical access while maintaining the incentives to invent for drug developers.

Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway

Indiana Journal of Law and Social Equality

No abstract provided.

Center For Constitutional Democracy Welcomes Two New Board Members, James Owsley Boyd

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

Beginning on July 1, the Center for Constitutional Democracy will be welcoming two new members to its Advisory Board: former Indiana Attorney General Greg Zoeller ’82 and former CCD Senior Managing Affiliate Brady Harman ’15.

Maurer School Of Law, Iu Northwest Partner On Law Scholars Program, James Owsley Boyd

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

The Indiana University Maurer School of Law, working in collaboration with Indiana University Northwest, has established a new program to act as a pipeline into law school, the schools announced today (June 27).

The Indiana University Northwest Law Scholars Program will substantially reduce tuition for up to four IU Northwest graduates interested in pursuing a legal education in Bloomington, as well as supply qualifying students with dedicated faculty mentorship to help ensure their success.

Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.

The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …

Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd

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

Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.

Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.

Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd

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

Judge Viola J. Taliaferro, a pathbreaking jurist in Monroe County and renowned advocate for its children, passed away Monday, June 12 in Bloomington.

A 1977 graduate of the Indiana University Maurer School of Law, Taliaferro entered the legal profession later in life, but wasted no time making an immediate—and lasting—impact on her local community.

Viola Taliaferro earned a Master of Liberal Arts degree from Johns Hopkins University in 1969. By then she and George had four children, and the family returned to Bloomington—where George had played for the Indiana University Hoosier football team—in 1972.

Three years later she enrolled at …

Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd

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

No abstract provided.

Remarks On Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights, Amber Baylor, Valena Beety, Susan Sturm

Articles by Maurer Faculty

The following are remarks from a panel discussion co-hosted by the Columbia Journal of Gender and Law and the Center for Gender and Sexuality Law on the book Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights.

Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd

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

James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.

“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”

While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.

Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …

E-Commerce In Saudi Arabia: An Analysis Of The Law And Practical Challenges For Businesses And Consumers, Sultan Abdulhadi Alqahtani

Maurer Theses and Dissertations

E-commerce between businesses and consumers has developed tremendously in recent years, which led to the need to develop legislation to keep up with technical, infrastructural and legal changes. Therefore, countries have issued the necessary legislation to help regulate e-commerce activity and provide legal protection for the contracting parties.

Noting this significance, the Saudi Arabian legislature issued the E-Commerce Law in 2019 as the first e-commerce law in Saudi Arabia that regulates the contractual relationship between a service provider and a consumer in Saudi Arabia. This dissertation is one of the first to complete an in-depth, comprehensive analysis of the many …

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …

Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd

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

Nearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)

Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.

Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.

“Professor Beety is a tremendous teacher and scholar, and we’re proud to see …

Committee Chaired By Maurer Professor To Complete Its Analytical Review Of Hanford Nuclear Reservation Waste Options, James Owsley Boyd

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

A committee chaired by an Indiana University Maurer School of Law professor will complete next week its five-year charge to review the analysis performed by a team investigating how best to treat and dispose of low-level waste at the Hanford Nuclear Reservation in Washington.

John Strait Applegate, the James L. Calamaras Professor of Law, has served as chair of the 13-member National Academies of Sciences, Engineering, and Medicine (NASEM) committee since 2018. The committee will conclude its work with a public meeting in Richland, Washington, on June 6. Applegate had previously chaired a prior review of the waste disposal issue …

Announcing New Faculty Chairs, Professorships, And Fellowships, James Owsley Boyd

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

The Indiana University Maurer School of Law announced today (May 24) that 14 of its faculty members—including three new additions to the school’s faculty—have been awarded new chairs, professorships, and fellowships beginning this summer.

Rojas Reflects On Law School During A Pandemic, James Owsley Boyd

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

During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.

Rethinking The Civil Protection Of Patients From Misleading Pharmaceutical Marketing Under Saudi Law, Muflih Saud Almughyirah

Maurer Theses and Dissertations

The effect of pharmaceutical marketing on individuals is a universal concern. It can influence patients' health and wealth. Patients, as well as their prescribing medical doctors, have been targeted by such marketing through different means. Many patients are unaware of their position as the most vulnerable party in this context and how these promotional strategies affect their physicians' decisions. When pharmaceutical marketing includes false, misleading, or otherwise negligent statements, patients become potential victims. This research addresses patients' civil protection from misleading pharmaceutical marketing under Saudi law. The study addresses four crucial aspects of patient protection: (i) ex-ante government regulations, (ii) …

May 2023 Newsletter

Ergo

No abstract provided.

Billboard Names Robert Meitus A Top Music Lawyer, James Owsley Boyd

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

For a musician, charting is generally perceived as a good thing. Whether it’s a national singles list like the Billboard Hot 100 or a local record store’s Top 10 of the Week, being listed among your peers can be rewarding. Robert Meitus is now on a chart of a different kind—Billboard magazine has just named him one of America’s “Top Music Lawyers” for 2023.

Rusk Named An American Constitution Society Next Generation Leader, James Owsley Boyd

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

The American Constitution Society has selected nearly two-dozen young legal professionals—including a second-year Indiana University Maurer School of Law student—for its prestigious 2023 Next Generation Leaders Program. Laura J. Rusk, an Evansville, Ind. native, is one of 23 law students from across the country selected for their exceptional leadership in work with their respective ACS chapters. The program offers various opportunities that empower the students to further develop their leadership skills and make a long-lasting impact on their communities.

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.

Vol. 64, No. 13 (April 17, 2023)

Indiana Law Annotated

No abstract provided.

2023 Academy Of Law Alumni Fellows Induction Ceremony Program, Maurer School Of Law - Indiana University

Academy of Law Alumni Fellows

The Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.

Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.

This year, we are honored to recognize four alumni whose remarkable contributions …

‘Radical Turn Away’ From Admissions Tests? Deans Say Claims Of Increased Diversity May Be Unfounded, Tyler Fenwick

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

Indiana University Maurer School of Law Dean Christiana Ochoa said those who want to do away with requiring law school admission tests for diversity’s sake have it backward.

The idea that law school diversity would increase if tests like the LSAT and Graduate Record Examination, or GRE, became an optional part of the admissions process is unfounded, Ochoa said.

Instead, she said she’s worried the opposite is true — that the move would actually hurt diversity.

And she is not alone.

Ochoa was one of 60 deans to sign a letter last September pushing back against the proposed change to …

Vol. 64, No. 12 (April 10, 2023)

Indiana Law Annotated

No abstract provided.

Class Of 2021 Alumna Earns National Legal Writing Award, James Owsley Boyd

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

Morgan York was in her third and final year at the Indiana University Maurer School of Law when she published an article in the Indiana Journal of Global Legal Studies. Two years later, she’s being recognized as one of the country’s top law school writers.

York published “I Just Took a DNA Test—Turns Out, I’m 100% Breaching my Donor Anonymity Contract: Direct-to-Consumer DNA Testing and Parental Medical Decision-Making” in 2021. On June 12, she’ll be one of 25 recipients of a “Law360 Distinguished Legal Writing Award” at the National Portrait Gallery in Washington, D.C. The awards are …

Vol. 64, No. 11 (April 3, 2023)

Indiana Law Annotated

No abstract provided.

Vol. 64, No. 11 Addition (April 3, 2023)

Indiana Law Annotated

No abstract provided.

Patenting Genetic Information, David S. Olson, Fabrizio Ducci

Indiana Law Journal

The U.S. biotechnology industry got its start and grew to maturity over roughly three decades, beginning in the 1980s. During this period genes were patentable, and many gene patents were granted. University researchers performed basic research— often funded by the government—and then patented the genes they discovered with the encouragement of the Bayh-Dole Act, which sought to encourage practical applications of basic research by allowing patents on federally funded inventions and discoveries. At that time, when a researcher discovered the function of a gene, she could patent it such that no one else could work with that gene in the …