Indiana University Bloomington

Indiana University Bloomington Maurer School of Law
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    Erotic Services Provider Legal Education and Research Project v. Gascon: Judgment

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    \u27Is it possible to be both a judge and a feminist?\u27 Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question. The only book to reimagine seminal U.S. criminal law opinions through a feminist lens Introduces readers to the range of feminist approaches and includes cases involving the intersection of gender, race, class and nationality Brings together prominent criminal law scholars, while also showcasing new voices on criminal law and gender Includes the chapter, Erotic Services Provider Legal Education and Research Project v. Gascon: Judgment by Maurer Professor I. India Thusi.https://www.repository.law.indiana.edu/facbooks/1310/thumbnail.jp

    Anti-Semitism and The Overlooked Benefits of Allowing “Hate Speech”

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    Vol. 64, No. 13 (April 17, 2023)

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    Romano named a Rumsfeld Graduate Fellow

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    James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it. “More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’” While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending. Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the late former U.S. Secretary of Defense Donald W. Rumsfeld, are awarded to students and scholars who aspire to careers in public service

    Ochoa, Big Ten law deans pledge support for diversity ahead of SCOTUS affirmative action ruling

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    s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity. The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of the cases pending before the U.S. Supreme Court.

    Meet our new faculty: Jenn Oliva

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    Professor Jenn Oliva joined Indiana Law earlier this summer as a professor of law and as Val Nolan Faculty Fellow. Prior to joining the IU Maurer Law faculty, Professor Oliva served as Professor of Law and Co-Director of the UCSF/UC Law Consortium on Law, Science & Health Policy at the University of California College of Law, San Francisco. She has also served as Associate Dean for Faculty Research & Development and Director of the Center for Health & Pharmaceutical Law at Seton Hall University School of Law where she was selected as the law school’s 2021 Professor of the Year (Paula Franzese Excellence in Teaching Award) and 2022 Faculty Researcher of the Year. She current serves as Chair of the AALS Section on Law, Medicine, and Health Care. We asked her a few questions about her background and research

    Taxation of Intellectual Property Litigation

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    In the field of intellectual property law, few attorneys consider the tax implications of legal proceedings prior to undertaking litigation. In studying the interdisciplinary space between intellectual property law, litigation, and taxation practices, this Article hopes to further expand existing research on the scope and incentives behind intellectual property protection in the United States, the policies underlying the system of federal income taxation adopted by the United States, and the precedents upheld by courts in deciding matters at the nexus of intellectual property litigation costs, expenses, and taxation

    Remarks on Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights

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    The following are remarks from a panel discussion co-hosted by the Columbia Journal of Gender and Law and the Center for Gender and Sexuality Law on the book Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights

    Trust the Science but Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State

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    This Article offers a critique of one Progressive argument for the administrative state, that it would base policies on what disinterested scientific inquiries showed would best advance the public good and flexibly respond to rapidly changing technological, economic, and social conditions. The critique draws on recent scholarship in the field of Science and Technology Studies, which argues that what counts as a scientific fact is the product of complex social, political, and other processes. The critique is deployed in an analysis of the responses of the U.S. Centers for Disease Control and Food and Drug Administration to some important aspects of the COVID crisis in 2020. The COVID virus had characteristics that made it difficult to develop policies to limit its spread until a vaccine was available, and some of those characteristics went directly to the claim that the administrative state could respond flexibly to rapidly changing conditions. The relevant administrative agencies were bureaucracies with scientific staff members, though, and what those bureaucracies regard as “the science” was shaped in part by bureaucratic and political considerations, and the parts that were so shaped were important components of the overall policy response. Part II describes policy-relevant characteristics of knowledge about the COVID virus and explains why those characteristics made it quite difficult for more than a handful of democratic nations to adopt policies that would effectively limit its penetration of their populations. Part III begins with a short presentation of the aspects of the science and technology studies (STS) critique of claims about disinterested science that have some bearing on policy responses to the pandemic. It then provides an examination shaped by that critique of the structures of the Food and Drug Administration and the Centers for Disease Control, showing how those structural features contributed to policy failures. Part IV concludes by sketching how the STS critique might inform efforts to reconstruct—rather than deconstruct—the administrative state, proposing the creation of Citizen Advisory Panels in science-based agencies

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