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Maurer environmental law expert is lead author on Science Insights Policy Forum article
Get PDFThe Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis
Administrative Law, 4th
No full textThis treatise provides a comprehensively updated analysis of administrative law in the United States, placing special emphasis on topics undergoing significant evolution or transformation in the Supreme Court and federal courts of appeals. These include, for example, the latest developments in Congress\u27s authority to delegate legislative authority to agencies, deference to agency legal interpretations, the so-called major questions doctrine, modern due process issues, and the presidential appointments power. The fundamental purposes of this book are to assess and explain the current state of the core doctrines of administrative law, place the most important aspects of those doctrines in a historical context, and identify important trends that can help readers understand how the doctrines may continue to evolve. The book is intended to serve practitioners, scholars, and students of administrative law.https://www.repository.law.indiana.edu/facbooks/1318/thumbnail.jp
Government by Algorithms at the Light of Freedom of Information Regimes: A Case-by-Case Approach on ADM Systems within Public Education Sector
No full textWhat the Houston Court qualified as “mysterious ‘black box’ impervious to challenge” was in practice a sophisticated software of many layers of calculations, which rated teachers’ effectiveness to make employment decisions. In the European Union, a system as such would fall under the Proposal for AI Regulation of 2021, which qualifies AI models in education and vocational training as “high-risk” systems. Automated decision-making systems (ADM systems), AI-driven or not, are being increasingly used by governments in public education for different purposes, such as handling applications for undergraduate admission or profiling students and teachers to assess their performance. Across cases and jurisdictions, there is growing evidence of how the use of ADM systems in the education sector is becoming quite problematic: arbitrary assignment of teaching posts in mobility procedures, undue barriers to access undergraduate studies, and frequent lack of transparency in their implementation and decisions. This Article discusses how Freedom of Information Act (FOIA) regimes may contribute to rendering governments’ ADM systems (AI-driven or not) accountable. The analysis of the FOIA cases (Parcoursoup saga in France, MIUR in Italy, and Ofqual in the United Kingdom) shows to what extent decisions granting access to the source code, functional and technical specifications, or third-party audits allow public scrutiny of ADM systems, detection of their pathologies, and better understanding of their adverse impacts on rights and freedoms, individual or collective. This Article also addresses the constitutional value of the right of access to public records (Parcoursup), and the importance of proactive and mandatory public dissemination to ensure traceability, transparency, and accountability of the ADM systems for FOIA purposes. In this sense, some legal initiatives across jurisdictions (Canada, France, Spain, United States, European Union) enhancing transparency and accountability of algorithmic systems will be examined
Chemicals as Regulatory Targets
No full textThis incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law.Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals.This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.
Includes the chapter, Chemicals as Regulatory Targets: by Maurer Professor John S. Applegate.https://www.repository.law.indiana.edu/facbooks/1319/thumbnail.jp
Billboard Names Robert Meitus a Top Music Lawyer
Get PDFFor 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
Class of 2023, Indiana University Maurer School of Law
No full texthttps://www.repository.law.indiana.edu/composite/1083/thumbnail.jp
Stark Choices for Corporate Reform
Get PDFFor decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing social problems, defenders of the status quo have responded by suggesting that these efforts could be dangerous. In their view, internal corporate governance reforms could interfere with the adoption of external governmental regulations that would be more effective. The hypothesis that reformers face a stark choice between pursuing internal corporate changes and pursuing new external regulations is playing an increasingly important role in the corporate law literature, but it has not been subjected to meaningful analysis.
This Article seeks to fill that gap. After isolating the “stark choice” hypothesis, the Article unpacks and challenges the assumptions that drive it. There is no clear constraint that forces a choice between internal and external reforms, and there are good reasons to believe that an internal strategy is more likely to generate valuable change. Internal reforms can also lay the groundwork for external reforms as corporations cease to resist or even come to actively support new regulations. Analyzing these dynamics can yield new insights into efforts to improve corporate outcomes on issues like racial justice and climate change
Warrantying Health Equity
Get PDFThe United States is experiencing a significant rise in the prevalence of asthma and other debilitating respiratory and cardiovascular ailments that disproportionately burden low income and marginalized Americans. This is due in large measure to climate change, which is responsible for increasingly devastating air quality events—including wildfires and drought—that trigger these serious health conditions. As a result, it is imperative that we begin to explore potential legal and policy reforms that rein in sources of health-impairing air pollution.
The common law of property has long implied in residential leasing arrangements a warranty guaranteed by landlords to tenants that the premises are habitable. That implied warranty of habitability was adopted to stymie the squalid and unhealthful conditions prevalent in leased housing. While the implied warranty has traditionally been deployed to ensure access to running water and heat, or to abate rodent and other residential infestations, it has not been invoked to address poor indoor air quality that can significantly impact tenant health and well-being.
North Americans spend nearly 90 percent of their lives indoors and, due to the considerable air pollution generated by typical gas appliances, indoor air quality is often more harmful to health than polluted outdoor air. Yet, indoor air remains largely unregulated. To address the increasingly poor respiratory health of renters, this Article contends that the use of typical gas appliances in leased spaces violates the implied warranty of habitability and, thereby, the common law of property can be deployed to incentivize landlords to electrify
Addressing our Unreasonable Fourth Amendment Doctrine
Get PDFBook Symposium: Professor Devon Carbado (Honorable Harry Pregerson Professor of Law, UCLA) published Unreasonable: Black Lives, Police Power, and the Fourth Amendment. Carbado chronicles the Supreme Court\u27s increasing allocation of power to police by expanding what actions are reasonable under the Fourth Amendment