13203 research outputs found
Sort by
Maurer environmental law expert is lead author on Science Insights Policy Forum article
Get PDFEnvironmental 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 for its Insights Policy Forum. Indiana University Maurer School of Law Professor Rob Fischman is the lead author on one of those pieces. The result can be found in the December 21 issue of Science
A Closer Look at the Eye Test: The British Influence on Early American Design Patent Infringement Law
Get PDFThe Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”
But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance about borrowing from British law, but they felt no evident obligation to do so, either. Faced with a paucity (or utter absence) of American precedents, judges in early American patent cases pretty well did whatever they pleased, sometimes relying on British decisions to fill in gaps in American law, sometimes distinguishing British from American law, and sometimes citing nothing at all.
Thus, when the Supreme Court penned its first opinion on design patent infringement in the December 1871 term—Gorham v. White—it was not entirely surprising that the Court’s lone reference to authority was to a single case from the British courts, the Holdsworth case. Still, the Court’s reliance on Holdsworth is remarkable, for reasons I explore in this article.
Part I briefly recounts the British lineage of American design patent law. Part II shows the ways in which the Court relied on the British Holdsworth case in deciding Gorham. Part III takes a closer look at Holdsworth’s influence on British design law, and compares that story to the story of the evolution of American rules for design patent infringement
Former Colombian constitutional judge and UT-Austin professor join CCD board
Get PDFOn Friday, August 11, and following the recent appointment of Brady Harman and Greg Zoeller, the Center for Constitutional Democracy added two new members to its Advisory Board: Professor Richard Albert (University of Texas at Austin) and Justice Manuel Cepeda (former President of the Constitutional Court of Colombia)
Proportionality Review of Administrative Actions in the Kingdom of Saudi Arabia
No full textProportionality analysis is a tool that administrative courts use to evaluate the measures taken by administrative agencies and determine if these measures are reasonable in terms of the significance of the facts.
This study focuses on the extensiveness and intensiveness of the practice of proportionality review in administrative courts in Saudi Arabia. This research finds that administrative courts in Saudi Arabia engage in proportionality review under three situations: Extravagance Theory, Balancing of the Benefits and Costs Theory, and when a specific law has a provision allowing the court to replace the agency’s determination of facts with the court’s determination. This dissertation also finds that once the court engages in proportionality review, it evaluates the measure taken by the administrative agency by applying at least one of three tests: (1) comparing the measure at hand with other measures taken by the same agency for similar violations; (2) examining whether the administrative penalty is reasonable in the context of the circumstances of the violation; and (3) evaluating the effects of the measure on the concerned person and others, depending on the severity of the violation. This study demonstrates the practice of judicial review of discretion in terms of the reasonableness of administrative actions in four jurisdictions: (1) the United States, (2) Germany, (3) France, and (4) Egypt
2023/24 Indiana University Maurer School of Law Faculty
No full texthttps://www.repository.law.indiana.edu/facgrp/1029/thumbnail.jp
‘Radical turn away’ from admissions tests? Deans say claims of increased diversity may be unfounded
Get PDFIndiana 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 Standard 503 offered by the Council of the American Bar Association’s Section of Legal Education and Admissions to the Bar
Five Indiana Law Faculty Members Honored with Teaching Awards
Get PDFGreat instructors are at the heart of any great school, and the Indiana University Maurer School of Law was proud to recognize five of its best at the school’s annual Teaching Awards March 24.
This year’s recipients include BestLawyers’ 2022 Indianapolis Corporate Governance Law Lawyer of the Year, a beloved clinical professor and director, one of the world’s foremost authorities on the intersection of law and globalization, a top U.S. tax scholar, and a professor known for flipping homemade pancakes to students.
Professor Jeff Stake was honored with the Leon H. Wallace Teaching Award, the highest teaching recognition a faculty member can be awarded. Professors Amy Applegate, Jayanth Krishnan, and Leandra Lederman were each awarded Trustees’ Teaching Awards, and Alan Becker, partner at Bose McKinney & Evans LLP, received the Adjunct Faculty Teaching Award