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Legal, policy, and environmental scholars discuss global food systems at Indiana Law symposium
Get PDFThe Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.
Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.
“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, and environmental experts for a two-day event discussing sustainable solutions to the growing issue
The Copyright Requirement of Human Authorship for Works Containing Artificial Intelligence-Generated Content
Get PDFThe U.S. Copyright Office (the “Office”) unwaveringly refuses to register copyrights for artworks created by artificial intelligence (“AI”) systems. The prima facie reason is a lack of authorship because the U.S. copyright regime recognizes only humans as authors. However, the fundamental reason lies in the fact that legislators have not yet determined whether to grant copyrights to AI users. Despite adjustments made by the Office in response to the use of AI systems in creation, the agency’s implementation of copyright statutes suggests that it remains extremely conservative, rejecting any AI-generated content (“AIGC”) from copyright registration.
Will the copyright regime continue to exclude AIGC from copyright protection, and what are the probable consequences of this exclusion? This essay revisits the Office’s responses to copyright applicants regarding AIGC and elucidates the standards applied by the Office. Based on these standards and their underlying rules, the essay provides suggestions to the Office and predicts the probable future of the authorship requirement in the copyright law
Fischman elected to Defenders of Wildlife board
Get PDFAn environmental law professor at the Indiana University Maurer School of Law has been elected to the board of directors of a national conservation organization dedicated to the protection and restoration of imperiled species and their habitats in North America.
Rob Fischman, the George P. Smith, II Distinguished Professor of Law and an adjunct professor at the O’Neill School of Public and Environmental Affairs, was elected to the Defenders of Wildlife board on Tuesday, May 21.
His teaching, research and service align closely with the organization’s conservation vision of a future where diverse wildlife populations in North America are secure and thriving, sustained by a network of healthy lands and waters
Legal Implications of Digital Health Apps Informing Food Allergy Labeling for Consumers\u27 Health and Privacy Protection
Get PDFThis dissertation examines food allergy labeling’s use in a digital format. Allergy information is typically found on food packaging and containers to help consumers identify individually concerned allergens. Given the critical role that food allergy labels play in preventing unexpected allergic reactions before selecting or consuming food, it is essential to comprehend the labeling descriptions. However, current regulations and laws regarding allergy labeling often confuse consumers due to the existence of mandatory and voluntary Precautionary Allergy Labeling (PAL) categories and the absence of laws and regulations that require allergy information for restaurant meals. Technology companies have introduced digital health and wellness applications(apps) indicating allergens to the market in response to ongoing consumer demands. These apps allow users to access information about contained allergens instantly. Digital allergy apps come in various formats.
Considering consumers’ popular use of digital health and wellness apps to get allergen information, this research investigates 1) whether these digital apps adhere to existing allergy labeling laws and regulations, 2) whether globally available digital apps follow internationally discussed or U.S. standards; and 3) whether digital apps safeguard consumer privacy when sharing personal health information as a personal setting condition of logging in to the apps and obtaining immediate allergy details through a mobile platform. First, reviewing current laws and regulations analyzed the standards, laws, and regulations of the U.S. Food and Drug Administration (FDA), EU legislation, and other countries for mandatory and voluntary allergy labeling and its application to pre-packed food and restaurant food. Second, privacy protections in digital apps review the privacy protection regulations of the U.S. FDA, The Health Insurance Portability and Accountability Act of 1996 (HIPAA), HIPAA-Federal Trade Commission(FTC) Acts, EU privacy laws and regulations, and other U.S. state laws. Third, this study further reviews the presently used mobile apps by analyzing allergy labeling laws, regulations, and privacy protection laws.
Consequently, apps available in the U.S. market were observed to comply with the mandatory allergen labeling requirements set by the U.S. FDA while also including additional allergens at the discretion of the app developers. In terms of privacy protection, most food allergy apps implement general privacy law requirements but need to be considered by lawmakers to set up guidelines to safeguard against sharing health-related information for using digital health and wellness apps
Popularity Contest: Is an Independent Judiciary Compatible with Popular Constitutionalism?
Get PDFCan the theory of popular constitutionalism—where the people have authority to shape constitutional law—exist alongside judicial independence? On the surface, these two ideas seem like contestants in a popularity contest: Popular constitutionalism embraces the will of the people in defining constitutional law, while judicial independence insists that judges disregard any and all external pressure in an effort to uphold the tenets of the Constitution even when they are unpopular. The contrast of these competing ideas is all the more evident with recent Supreme Court decisions such as Dobbs v. Jackson Women’s Health Organization, demonstrating a deviation from majority opinion in the name of the maxim that society must “let justice be done though the heavens fall.” This Note argues, however, that these notions need not be adversaries. Democratic participation is possible without undermining the rule of law or paving the way for tyrannical majorities by virtue of two potential devices for judicial review: a People’s veto and term limits
While administrators fret, prospective law students are losing interest in U.S. News rankings
Get PDFProspective law students across the United States are paying less attention and giving less credence to the annual U.S. News & World Report rankings of American law schools, according to new research from scholars at the Indiana University Maurer School of Law and University of Kentucky Rosenberg College of Law.
“The Decline and Fall of the U.S. News Rankings” was published this week on the Social Science Research Network by Indiana Law Professor CJ Ryan and Brian Frye, Kentucky’s Spears-Gilbert Professor of Law.
Contrary to what many in the legal education community believe, a rise in the U.S. News rankings one year does not mean the school becomes more attractive to prospective students in the next, according to Ryan and Frye
The Supreme Court, Constitutional Development, and Evolution Theory: A Critique
Get PDFThis article spotlights how University of Chicago Professor David Strauss’s publications present the early stages of a descriptive theory of constitutional interpretation and evolution, and how his theoretical contributions might be strengthened. Specifically highlighted here are ten milestone Supreme Court rulings with the objective of determining which were “evolutionary” as opposed to “modernizing,” based on Strauss’s theoretical formulations. On various occasions these cases demonstrate how Strauss’s theory can be not only refined but broadened. The concluding section assesses Strauss’s contribution to the study of American constitutional development and how it might be revamped. There we argue that despite Strauss’s influence on the study of the Supreme Court and constitutional evolution, he relies on concepts that must be clarified and honed for future research, and he must make his theory more comprehensive. At a minimum, Strauss should extend his descriptive theory to three types of Supreme Court decisions: those that are retrogressive, revolutionary, and confirming status quo in nature. Finally, Strauss should attempt the most difficult task of all: developing a causal theory of constitutional change
Blockchain and the Right to Good Administration: Adding Blocks to or Blocking of the Globalization of Good Administration?
No full textIn this article, the author addresses the complex and multifaceted relationship between the right to good administration enshrined in the Charter of Fundamental Rights of the European Union and the uses of blockchain technology by the public administration, which is in charge of making the right to good administration real. The opportunities and threats come hand in hand, and there is an urgent need to push forward a public debate on the uses and misuses of blockchain to guarantee public services, so much so that many aspects of blockchain are not compatible with citizens’ expectations in relation to the public sector. Although the focus is on Europe, and the right to good administration is not technically recognized on the international level, the globalization produced by technological advancements on the one hand, and the emergence of global administrative law on the other hand, makes this debate relevant to the rest of the democratic states that want to foster human-centric technologies for the well-being of their citizens