Law Commons^™

'I Really Love This Law School': Q&A With New Iu Maurer Dean Ochoa, Jordan Morey

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

Displayed throughout Christiana Ochoa’s office are sentimental photos and items she’s collected from across the globe, but the most eye-catching print is propped behind her desk.

The new Indiana University Maurer School of Law dean has a red, blue and beige poster prominently displayed in her headquarters, depicting a Latina woman with a Mona Lisa-esque smile and a rose in her hair with the words, “WE THE PEOPLE — DEFEND DIGNITY,” typed across the bottom.

“To me, it’s a great piece of art with a Latino woman who clearly is confident, and confident in her belief that we are a …

Vol. 63, No. 11 (November 7, 2022)

Indiana Law Annotated

No abstract provided.

Two New Faculty Members, Three Visiting Professors Join Indiana Law In 2022-23, James Owsley Boyd

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

The Indiana University Maurer School of Law is proud to welcome Andrew Hammond to the faculty beginning in January 2023.

Hammond is currently an associate professor of law at the University of Florida Levin College of Law, where he writes and teaches in the areas of administrative law, civil procedure, and poverty law.

November 2022 Newsletter

Ergo

No abstract provided.

Vol. 63, No. 10 (October 31, 2022)

Indiana Law Annotated

No abstract provided.

New Dean Of Maurer Signifies Continued Growth To Iu Community, Matthew Fort

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

Christiana Ochoa was recently announced as the Dean of the Maurer School of Law. She is the first Latina dean of the law school. This announcement was celebrated by the Latinx student and staff community here at IU, as they expressed their support for her and look forward to the culture she’ll facilitate at the law school.

Ochoa pointed to the law school’s legacy being important and central to academic discussions and legal evolution as reason for her excitement to take this position. With its activities in providing top-notch advice to the bench and the bar, the law school occupies …

Pro Bono Award Recipients Honored, James Owsley Boyd

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

Pro Bono Awards were presented to three Indiana Law students and a local attorney Wednesday (October 26) in a jointly sponsored ceremony hosted by the Law School, its Access to Justice Fellows, and Faegre Drinker.

“Becoming a lawyer is not just a privilege, it’s also a responsibility,” said Dean Christiana Ochoa. “And that special responsibility of being a lawyer includes serving our communities in whatever ways we’re able to. The students we recognize today have gone above and beyond in their service, and we as a school and as a local community are so grateful for their efforts.”

Salter ’03, Putting Legal Analysis Skills To Use As Ceo Of The News Literacy Project, James Owsley Boyd

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

You can handle the truth. Or at least that’s what Chuck Salter and the News Literacy Project hope. In a world where fake news, disinformation, propaganda, and misinformation are more prevalent than ever, the 2003 Indiana Law alumnus and the nonprofit organization he leads are doing all they can to help citizens determine the credibility of news and other information they’re receiving.

“We’re based on the idea that information—we live in the most complex information landscape in human history—is also easily manipulated,” said Salter. “People are just not equipped to deal with this much information and to detect when they’re …

Vol. 63, No. 09 (October 24, 2022)

Indiana Law Annotated

No abstract provided.

Case Files From The Late Hon. Michael S. Kanne Donated To The Jerome Hall Law Library, James Owsley Boyd

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

The case files of the late Judge Michael S. Kanne have been donated to the Indiana University Maurer School of Law’s Jerome Hall Law Library.

Kanne, a 1968 graduate of the Law School, served on the U.S. Court of Appeals for the Seventh Circuit from 1987 up until his death in June 2022. Prior to his elevation to the Seventh Circuit, Judge Kanne served on the bench of the U.S. District Court of the Northern District of Indiana.

Judge Kanne’s files span the entirety of his service on the Seventh Circuit, and contain papers regarding opinions, concurrences, and dissents …

Vol. 63, No. 08 (October 17, 2022)

Indiana Law Annotated

No abstract provided.

Ochoa Selected As New Dean Of Iu Maurer, First Person Of Color To Lead Law School, Jordan Morey

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

The next dean of the Indiana University Maurer School of Law will come from in house.

IU Maurer announced longtime faculty member Christiana Ochoa as the 17th dean in the law school’s history on Thursday.

Ochoa, who has served as interim dean since July, will move into the full-time deanship at the Bloomington school effective Nov. 1. She is the first person of color and the second woman to be named dean in IU Maurer’s history.

Additionally, according to IU Maurer, Ochoa is the eighth Latina ever to serve as the dean of a U.S. law school.

Christiana Ochoa Announced As Dean Of The Maurer School Of Law, James Owsley Boyd

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

Christiana Ochoa has been has been named dean of the Indiana University Maurer School of Law, effective Nov. 1, 2022. She is the school’s first-ever Latine dean and one of just eight Latine women ever to serve as the dean of a U.S. law school.

Ochoa became interim dean of the school in July after serving the law school as executive associate dean and associate dean for research and faculty affairs. She is the Class of 1950 Herman B Wells Endowed Professor at the Maurer School of Law.

Vol. 63, No. 07 (October 10, 2022)

Indiana Law Annotated

No abstract provided.

Life After Google V. Oracle: Three Reflections On A Theme, Daryl Lim

IP Theory

In 2004, Professor Leaffer published an article titled Life after Eldred: The Supreme Court and the Future of Copyright. He wrote about three cases decided in or after 2001 to provide a snapshot of the Supreme Court’s position on copyright issues. This Article discusses three reflections on this theme. The first reflection flows directly from Google. It discusses fair use in Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, as well as text and data mining for artificial intelligence uses. This Article then reflects on Arnstein v. Porter’s lessons for modern copyright infringement law. Finally, it reflects on the …

Reconciling Copyright "Restoration" For Pre-1972 Foreign Sound Recordings With The Classics Protection And Access Act, Tyler T. Ochoa

IP Theory

When Congress first added sound recordings to the Copyright Act, it acted prospectively only: sound recordings fixed on or after February 15, 1972, received federal statutory copyright protection, while sound recordings fixed before February 15, 1972, were left to the vagaries of state law. This historic inequity was corrected in 2018 with enactment of the Classics Protection and Access Act (CPA), which provides sui generis protection to pre-1972 sound recordings that is similar, but not identical, to federal copyright protection. But there is a subset of pre-1972 sound recordings that already had federal copyright protection before the CPA was enacted: …

October 2022 Newsletter

Ergo

No abstract provided.

Tax Complexity And Technology, David I. Walker

Indiana Law Journal

The Federal Income Tax Code has become increasingly complex over time with the implication that many taxpayers no longer understand the connection between their life decisions and their taxes. Some commentators have suggested that increasing computational complexity may be attributable in part to the proliferation of tax preparation software that renders such complexity manageable at filing time, but otherwise does nothing to mitigate the “black box” nature of the tax system. While such complexity and opacity undercut explicit incentives embedded in the Code, make planning more difficult, and undermine political accountability for taxes, they may also reduce the inefficient distortion …

Taming Unicorns, Matthew Wansley

Indiana Law Journal

Until recently, most startups that grew to become valuable businesses chose to become public companies. In the last decade, the number of unicorns—private, venture-backed startups valued over one billion dollars—has increased more than tenfold. Some of these unicorns committed misconduct that they successfully concealed for years. The difficulty of trading private company securities facilitates the concealment of misconduct. The opportunity to profit from trading a company’s securities gives short sellers, analysts, and financial journalists incentives to uncover and reveal information about misconduct the company commits. Securities regulation and standard contract provisions restrict the trading of private company securities, which undermines …

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Indiana Law Journal

Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …

Without Accommodation, Jennifer Bennett Shinall

Indiana Law Journal

Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job Flexibilities Module, I …

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew

Indiana Law Journal

What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …

Regulating Charitable Crowdfunding, Lloyd H. Mayer

Indiana Law Journal

Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for hundreds of years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for billions of dollars raised from tens of millions of donors through hundreds of internet platforms, including Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, on occasion a campaign attracts tens of millions of dollars in donations. However, charitable crowdfunding …

Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions, Zachary R. Hart

Indiana Law Journal

Qualified immunity is a judicially created doctrine that shields government officials from personal liability for civil damages. Courts applying the doctrine, which is heavily dependent on the facts of the case, must determine whether the government officials’ conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. This inquiry is discretionary as judges must determine if the alleged violation was “clearly established,” a term that the Supreme Court has defined in conflicting ways. Moreover, when federal judges conduct the qualified immunity inquiry at the Rule 12(b)(6) motion to dismiss stage, their decision is …

Big Data, Big Gap: Working Towards A Hipaa Framework That Covers Big Data, Ryan Mueller

Indiana Law Journal

One lasting impact of the Health Insurance Portability and Accountability Act (HIPAA) is the privacy protections it provides for our sensitive health information. In the era of Big Data, however, much of our health information exists outside the traditional doctor-patient dynamic. From wearable technology, to mobile applications, to social media and internet browsing, Big Data organizations collect swaths of data that shed light on sensitive health information. Big Data organizations largely fall outside of HIPAA’s current framework because of the stringent requirements for when the HIPAA protections apply, namely that the data must be held by a covered entity, and …

Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash

Indiana Law Journal

The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …

Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson

Indiana Law Journal

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …

The Law And Politics Of Ransomware, Asaf Lubin

Articles by Maurer Faculty

What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between 20,000 and 30,000 per day in the United States alone. That is a ransomware attack every eleven seconds, each of which cost victims …

Data Types, Data Doubts & Data Trusts, João Marinotti

Articles by Maurer Faculty

Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase corporate transparency, facilitate …

An Introduction To "Marshall Law", Ip Theory Volume 12 Editorial Board

IP Theory

No abstract provided.