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Maurer School of Law: Indiana University

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Full-Text Articles in Law

The Regulatory And Procedural Examination Of Trademarks In Saudi Arabia: Deficiencies In The Similarities Factor And The Registration Requirements, Abdulaziz Mohammad Aleiban Nov 2021

The Regulatory And Procedural Examination Of Trademarks In Saudi Arabia: Deficiencies In The Similarities Factor And The Registration Requirements, Abdulaziz Mohammad Aleiban

Maurer Theses and Dissertations

The purpose of trademarks is to protect consumers from confusion between products and to support fair competition in the market. However, in Saudi Arabia, to determine the similarities between trademarks, the Trademark Registration Office relies on the class number, rather than the goods and services category. This is a prevailing issue in the Kingdom’s practice of trademark examination. Therefore, this dissertation investigates how improper understanding and application of Nice Classification by the Gulf Cooperation Council (GCC) Trademark Law and the Registration Office at the Saudi Authority for Intellectual Property generate overlapping between goods and services. This study ascertains that there …


Volume 2 (November 2021) Nov 2021

Volume 2 (November 2021)

Graduate Legal Studies and International Programs Newsletter

A newsletter produced jointly by the Indiana University Maurer School of Law Office of Graduate Legal Studies and Office of International Programs.


November 2021 Newsletter Nov 2021

November 2021 Newsletter

Ergo

No abstract provided.


Assessing The Liability Exposure Of Public Joint-Stock Companies' Directors Under The Liability Rules In Saudi Arabia, Ahad Ali Alomran Nov 2021

Assessing The Liability Exposure Of Public Joint-Stock Companies' Directors Under The Liability Rules In Saudi Arabia, Ahad Ali Alomran

Maurer Theses and Dissertations

Historically, the business environment in Saudi Arabia has been considered low risk. However, with the introduction of Vision 2030 in 2016, the socioeconomic transition and regulatory evolution witnessed in Saudi Arabia have reshaped the business environment and redefined the risk landscape faced by public companies and their boards. The increase in the market regulator’s monitoring and penalizing activities, the legislative reforms of management liability rules, the approval of securities class action, and the unprecedented rise in shareholder activities against their board of directors are recent developments that directly affect directors’ exposure to liability. Generally, operating in a legal system with …


Vol. 61, No. 10 (November 1, 2021) Nov 2021

Vol. 61, No. 10 (November 1, 2021)

Indiana Law Annotated

No abstract provided.


Chosen Family, Care, And The Workplace, Deborah Widiss Nov 2021

Chosen Family, Care, And The Workplace, Deborah Widiss

Articles by Maurer Faculty

Employees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.

Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or …


Menstruation Discrimination And The Problem Of Shadow Precedents, Deborah Widiss Nov 2021

Menstruation Discrimination And The Problem Of Shadow Precedents, Deborah Widiss

Articles by Maurer Faculty

A burgeoning menstrual justice movement calls attention to menstruation-related discrimination in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination could violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed to override a Supreme Court case that had held pregnancy discrimination was not sex discrimination.

This essay, written for a symposium at Columbia Law School, applies my earlier research on the statutory interpretation of Congressional overrides to highlight two potential challenges this …


Fiduciary Duties And Corporate Climate Responsibility., Cynthia A. Williams Nov 2021

Fiduciary Duties And Corporate Climate Responsibility., Cynthia A. Williams

Articles by Maurer Faculty

I remain intrigued with the benefits as well as the costs of agency relationships and in particular the possible power of fiduciary duties to be harnessed to advance the firm's social responsibilities. That is, can internal mechanisms of the firm, the private law (from a European perspective) fiduciary duties of agents, be used to advance external public law goals? Instead of outward standards of responsibility being brought into the firm through external mechanisms (i.e., voluntary standards development and third-party assurance), could the internal standards of agents' responsibilities to the firm, their fiduciary duties, be used to extend responsible action beyond …


Vol. 61, No. 09 (October 25, 2021) Oct 2021

Vol. 61, No. 09 (October 25, 2021)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 08 (October 18, 2021) Oct 2021

Vol. 61, No. 08 (October 18, 2021)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 07 (October 11, 2021) Oct 2021

Vol. 61, No. 07 (October 11, 2021)

Indiana Law Annotated

No abstract provided.


Is Open Access Equal Access? Pacer User Fees And Public Access To Court Information, John L. Moreland Oct 2021

Is Open Access Equal Access? Pacer User Fees And Public Access To Court Information, John L. Moreland

Articles by Maurer Faculty

Our country has a long history of striving for openness and transparency in government processes. In 1978, the United States Supreme Court held, “It is clear that the courts of this country recognize a general right to insect and copy public records and documents, including judicial records and documents.” Long before America’s high court recognized this common law principle, court records were historically accessible for inspection by lawyers, journalists, land title companies, credit agencies, academics, and members of the general public. These individuals were also permitted to take notes as a part of their right to inspect court documents. Having …


The Covid-19 Pandemic And Bar Performance: Magnifying Adversities, Stress, And Disparities Among Bar Test-Takers, Victor D. Quintanilla, Erin Freiburger, Sam Erman Oct 2021

The Covid-19 Pandemic And Bar Performance: Magnifying Adversities, Stress, And Disparities Among Bar Test-Takers, Victor D. Quintanilla, Erin Freiburger, Sam Erman

Articles by Maurer Faculty

Distinguished Commentary column.


Vol. 61, No. 06 (September 27, 2021) Sep 2021

Vol. 61, No. 06 (September 27, 2021)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 05 (September 20, 2021) Sep 2021

Vol. 61, No. 05 (September 20, 2021)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 04 (September 13, 2021) Sep 2021

Vol. 61, No. 04 (September 13, 2021)

Indiana Law Annotated

No abstract provided.


Trailblazing In Utah: Managing The State's Only Certified Majority Woman-Owned Law Firm, Heidi Goebel Sep 2021

Trailblazing In Utah: Managing The State's Only Certified Majority Woman-Owned Law Firm, Heidi Goebel

One More Cold Call: An IU Maurer School of Law Alumni Podcast (2021-2022)

Heidi Goebel, JD 1997, founder and managing partner of Goebel Anderson PC, describes her path from Indianapolis to Salt Lake City, the importance of mentorship, and how she co-founded what is currently the only certified majority woman-owned and operated law firm in Utah.


Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson Sep 2021

Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson

One More Cold Call: An IU Maurer School of Law Alumni Podcast (2021-2022)

Milt Thompson, JD 1979 and president and CEO of Grand Slam, talks about turning down a professional baseball career to attend law school, what it was like to graduate in 1979, how he co-founded Play Ball Indiana, his work with the Pan American Games (including a trip to Cuba where he met with Fidel Castro), and his long-standing work with nonprofits and community organizations in Indianapolis.


Super-Engaged: From Presidential Task Forces To The Nfala, Kaelyne Yumul Wietelman Sep 2021

Super-Engaged: From Presidential Task Forces To The Nfala, Kaelyne Yumul Wietelman

One More Cold Call: An IU Maurer School of Law Alumni Podcast (2021-2022)

Kaelyne Yumul Wietelman, JD 2019, an associate at Kelley Drye in Washington DC, provides advice on how to balance a practice at a highly respected firm with active community and volunteer engagement. In this episode we hear about Kaelyn’s work with the American Bar Foundation and the National Filipino American Lawyers Association.


Vol. 61, No. 03 (September 6, 2021) Sep 2021

Vol. 61, No. 03 (September 6, 2021)

Indiana Law Annotated

No abstract provided.


September 2021 Newsletter Sep 2021

September 2021 Newsletter

Ergo

No abstract provided.


Funding Access To Arbitration: Possibility Of Third Party Funding For International Commercial Arbitration In Thailand, Montira Achavanuntakul Sep 2021

Funding Access To Arbitration: Possibility Of Third Party Funding For International Commercial Arbitration In Thailand, Montira Achavanuntakul

Maurer Theses and Dissertations

With the growth of cross-border commercial transactions in an increasingly connected world, the use of international commercial arbitration is on the rise. Considering the cost and complexity of international arbitration proceedings and the growing demands on parties to manage the potentially high costs and risks associated with arbitration, a new emerging third party funding (TPF) mechanism has proved to be a practical solution for dealing with such concerns. Essentially, TPF not only provides claimants with financial support in order to gain access to arbitration, but also opens up commercial options for parties to mitigate risks, control the financial exposure associated …


Working With Non-Law School Patrons, Ashley A. Ahlbrand Sep 2021

Working With Non-Law School Patrons, Ashley A. Ahlbrand

Books & Book Chapters by Maurer Faculty

Ashley Ahlbrand's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 17, "Working with Non-law School Patrons."

Working in an academic law library, the primary patrons are the law school’s faculty and students. However, these may not be the exclusive patronage of the law library. Particularly in the case of a public law school library, the law librarian is likely to serve patrons outside of the law school as well. These patrons come from a diversity of backgrounds, with a range of legal research needs. Working with non-law school patrons can present a number of challenges …


On The Ground: Real-World Solutions From Start To Finish: Tips From An Imperfect But Aspiring Writer, Ashley Ames Ahlbrand Sep 2021

On The Ground: Real-World Solutions From Start To Finish: Tips From An Imperfect But Aspiring Writer, Ashley Ames Ahlbrand

Articles by Maurer Faculty

I have a love-hate relationship with writing. Ever since I wrote my first term paper, I have relished researching a thesis topic and exploring my findings. I love assembling the seemingly remote pieces of the puzzle and watching the image take form. (It is perhaps no small wonder that I pursued a career in librarianship, where research is front and center.) Like so many of my fellow English majors, I also love the romantic notion of the writing life—nestling in at a cozy coffee shop to write for hours on end, the shop’s buzz in the background, saturated in the …


Vol. 61, No. 02 (August 30, 2021) Aug 2021

Vol. 61, No. 02 (August 30, 2021)

Indiana Law Annotated

No abstract provided.


A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden Aug 2021

A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden

Indiana Journal of Constitutional Design

This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a Constitutional …


Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster Aug 2021

Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster

Indiana Journal of Constitutional Design

This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …


Vol. 61, No. 01 (August 23, 2021) Aug 2021

Vol. 61, No. 01 (August 23, 2021)

Indiana Law Annotated

No abstract provided.


August 2021 Newsletter Aug 2021

August 2021 Newsletter

Ergo

No abstract provided.


Twists & Swirls: Caregiving & Sexualization—Femininity Construct In Gendered Migration From Nigeria To Italy, Christiana Essie Sagay Aug 2021

Twists & Swirls: Caregiving & Sexualization—Femininity Construct In Gendered Migration From Nigeria To Italy, Christiana Essie Sagay

Indiana Journal of Global Legal Studies

With globalization, interconnectivity, and the possibilities of increased income through wage differentials comes the desirability to migrate for labour. Contrary to early migration theories, women are increasingly migrating for labour independent of male breadwinners. Therefore, "temporary and permanent movements are globalizing, accelerating, diversifying and feminizing." The influence of gender on migration has become so convoluted that culturally and socially constructed roles of masculinity and femininity motivate and inspire migration trends among many women migrating from Nigeria to Italy, creating a sort of gendered social agency. This piece offers an analysis of how social contexts and gendered expectations shape the desires …