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2022/23 Indiana University Maurer School of Law Faculty
No full textFront Row: Daniel Conkle, Lane McFadden, Amy Applegate, Asaf Lubin, Christiana Ochoa, Mark Janis, Sophia Goodman, Michael Maben, William Henderson
Second Row: Kenneth Dau-Schmidt, Robert Fischman, Gabrielle Goodwin, João Marinotti, Mark Need, Norman Hedges, Cindy Dabney, Maggie Kiel-Morse, Ryan Scott
Third Row: Jayanth Krishnan, Deborah Widiss (step up), Cynthia Reichard, Jody Madeira, Aneil Kavvali, Nicholas Almendares, Susan deMaine, David Williams, Laura Dagne, Jessica Eaglin
Fourth Row: Daniel Cole, Susan Williams, Donna Nagy, Victor Quintanilla, Charles Geyh, Jeffrey Stake, I. India Thusi, Kim Mattioli, John Moreland, Ashley Ahlbrand
Fifth Row: Timothy Weeks, Steve Sanders, Luis Fuentes-Rohwerhttps://www.repository.law.indiana.edu/facgrp/1028/thumbnail.jp
What Ice Cube’s Song “Endangered Species” Meant for Four Generations of Black Males
No full textTaking inspiration from Public Enemy\u27s lead vocalist Chuck D - who once declared that \u27rap is the CNN of young Black America\u27 - this volume brings together leading legal commentators to make sense of some of the most pressing law and policy issues in the context of hip-hop music and the ongoing struggle for Black equality. Written to \u27say it plain\u27, this collection will be valuable not only to students and scholars of law, African-American studies, and hip-hop, but also to everyone who cares about creating a more just society.
Includes Maurer Professor Kevin Brown’s chapter, “What Ice Cube’s Endangered Species Meant for Four Generations of Black Males,” co-authored with Robert Pervine.https://www.repository.law.indiana.edu/facbooks/1300/thumbnail.jp
Akrong Presented with Student Leadership Award
Get PDFThe 2022 Student Leadership in Fostering Community and Inclusiveness Award was presented earlier today to 3L Abby Akrong. Established in 2018, the award, which comes with a $2,000 scholarship, celebrates a student who “goes above and beyond to foster our diverse, inclusive, supportive, and welcoming community.” Recipients are honored for their work in the previous year
Managing Judicial Discretion: Qualified Immunity and Rule 12(b)(6) Motions
Get PDFQualified immunity is a judicially created doctrine that shields government officials from personal liability for civil damages. Courts applying the doctrine, which is heavily dependent on the facts of the case, must determine whether the government officials’ conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. This inquiry is discretionary as judges must determine if the alleged violation was “clearly established,” a term that the Supreme Court has defined in conflicting ways. Moreover, when federal judges conduct the qualified immunity inquiry at the Rule 12(b)(6) motion to dismiss stage, their decision is guided only by their discretionary interpretation of allegations in the complaint. Thus, plaintiffs face two layers of judicial discretion when defendants claim that they are entitled to qualified immunity in a Rule 12(b)(6) motion. This double discretion can lead to inconsistent results, as evidenced by the different approaches taken by circuit court judges in such situations.
This Note addresses the implications of this double discretion by examining the role judicial discretion plays in both (i) Rule 12(b)(6) motions as a result of the modern pleading standard and (ii) during the qualified immunity inquiry when judges define “clearly established.” These examinations show that judges are granted with considerable discretion while determining the sufficiency of a complaint and while conducting a qualified immunity inquiry. This Note then reveals the implications of these discretions overlapping when judges engage in a qualified immunity analysis in the motion to dismiss stage. For example, this Note inspects Hart v. Hillsdale County, 973 F.3d 627 (6th Cir. 2020), a 2-1 Sixth Circuit decision in which the dissenting judge disagreed with the majority’s interpretation of the complaint and definition of “clearly established law.” Finally, this Note proposes four solutions that would either eliminate this double discretion or help lead to more consistent judgments when qualified immunity is invoked in a Rule 12(b)(6) motion
Hoosier Athletes Get an Assist from Law Students through Name, Image and Likeness Initiative
Get PDFStudent-athletes at Indiana University Bloomington will get an assist from their peers at the IU Maurer School of Law under a new Name, Image and Likeness Initiative through the school’s Center for Intellectual Property Research.
As student-athletes navigate the still-emerging complexities of the NCAA’s new policy surrounding name, image and likeness — also referred to as NIL — they’ll now have a homefield advantage: one of the country’s top intellectual property clinics
Coggins & Wilkinson\u27s Federal Public Land and Resources Law
No full textThis casebook is the authoritative introduction to public land and resources law. The eighth edition is completely updated, including thorough revisions of all chapters, considerable streamlining, and many new principal cases. The new edition increases emphasis on climate change, renewable energy, social justice (especially as it relates to Native Americans), Alaskan public lands, and other topics of contemporary interest. Professor Fischman’s website https://land.law.indiana.edu/ uses the casebook outline to post new developments and supplemental materials. Readers will find there a rich assortment of supplemental materials such as maps and links to administrative records that can serve as research guides for students preparing papers.https://www.repository.law.indiana.edu/facbooks/1285/thumbnail.jp