Archive for McKinney School of Law

IU McKinney School of Law symposium to address Indiana water issues

mckinney bldg

Water access and water quality challenges associated with Indiana’s riverways and watersheds are the focus of Indiana University Robert H. McKinney School of Law’s seventh annual spring symposium on the environment, energy and natural resources.

The symposium, “Indiana Rivers: Water Access, Water Quality & Water’s Future,” will take place at 9:30 a.m. Friday, Feb. 28, in the Wynne Courtroom of Inlow Hall, 530 W. New York St.

Carol Comer, general counsel for the Indiana Department of Environmental Management, will present “Indiana’s Water Priorities” as the keynote luncheon address at noon.

Recent events in West Virginia — where more than 300,000 people lost access to basic drinking water following a chemical release into the Elk River — and in Indiana — where almost two-thirds of assessed state waters have been designated as “impaired” under the Clean Water Act — show that even the most complex and carefully managed regulatory system can still fail, and that more can be done to address challenges to Indiana’s water system.

In addition to Comer’s address, panels of experts and leaders at the symposium will:

  • Describe the state of water access and water quality law and challenges in Indiana.
  • Examine recent efforts to protect water quality affected by coal combustion.
  • Assess the measures that exist to prevent an Elk River-type disaster in Indiana.
  • Explore water access and water quality as an Environmental Justice Concern.

Expert panelists include the co-director of Advocates for Environmental Human Rights in New Orleans; the managing principal of Beveridge & Diamond, P.C., in Washington, D.C.; the water and ag policy director for Hoosier Environmental Council; the conservation director of Sierra Club’s Hoosier Chapter; and the executive director of the Conservation Law Center in Bloomington.

Speakers from the Indiana House of Representatives, the Indiana Senate, Earthjustice, Prairie Rivers Network, the U.S. Attorney’s Office, the Office of Utility Consumer Counselor, IU Maurer School of Law at IU Bloomington and the McKinney School of Law will also participate.

A detailed listing of symposium panelists and topics for discussion is available online.

Online registration is available for high school and university students, faculty, staff and non-profit employees; and for other attendees. The cost is $75 for attorneys registering for 6 hours of CLE credit; $25 general admission.

For questions, please contact: enlaw@iu.edu.

McDonald Merrill Ketcham Award Lecture: “Are Physicians Fiduciaries for Their Patients?”

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Thursday February 20, 2014
12:45 – 3:45 p.m.
Wynn Courtroom, Inlow Hall

Maxwell J. Mehlman, J.D., will present “Are Physicians Fiduciaries for Their Patients?” from 12:45 to 1:45 p.m. A panel discussion, then reception will follow the lecture.

A fiduciary is a legal or ethical relationship of trust between two or more parties. The patient-physician relationship would seem to be a classic example of a fiduciary relationship given the need for ill-informed patients lacking bargaining power to trust their physicians, but many scholars and judges have questioned this assumption. The lecture examines the reasons for their skepticism and argues that they are misguided. Mehlman argues that regarding doctors as fiduciaries for their patients not only is essential for the patients’ well-being, but necessary to preserve the physicians’ status as learned professionals in the face of increasing pressure to act contrary to their patients’ interests.

A speaker’s reception will be held from 2:45 to 3:45 in the Inlow Hall atrium. This event is part of the McDonald Merrill Ketcham Award Lecture series presented by the Hall Center for Law and Health at the IU Robert H. McKinney School of Law.

This is a free event, but registration is required.

Panel Discussion following Professor’s Mehlman’s lecture:

  • Mary Ott, M.D., M.A., Associate Professor of Pediatrics, Indiana University School of Medicine
  • Joshua Perry, J.D., M.T.S., Assistant Professor of Business Law and Ethics and a Life Sciences Research Fellow, Indiana University Kelley School of Business
  • Mark Rothstein, J.D., Herbert F. Boehl Chair of Law and Medicine, University of Louisville Louis D. Brandeis School of Law, and Director of the Institute for Bioethics, Health Policy, and Law, University of Louisville School of Medicine

Mehlman is a Distinguished University Professor and Petersilge Professor of Law at the Case Western Reserve School of Law and and professor of biomedical ethics at Case Western Reserve School of Medicine. He is also director of the Law-Medicine Center at the Case Western Reserve University. Panel discussion participants are Mary Ott, M.D.,associate professor of pediatrics at the IU School of Medicine; Joshua Perry, J.D., assistant professor of business law and ethics and a life sciences research fellow at the IU Kelley School of Business at Bloomington and Mark Rothstein, J.D., Herbert F. Boehl Chair of Law and Medicine and director of the Institute for Bioethics, Health Policy, and Law at the University of Louisville.

IU McKinney School expert in sports law heads to Sochi Games

photo gary roberts

An Indiana University Robert H. McKinney School of Law professor is headed for Sochi, Russia, as a member of a highly specialized team selected for the 2014 Winter Olympics.

But Gary Roberts, dean emeritus and Gerald L. Bepko Professor of Law at the McKinney School of Law on the Indiana University-Purdue University Indianapolis campus, won’t be competing for the gold.

Roberts, an expert in sports law, is one of nine arbitrators selected to sit on the special tribunal charged with settling all legal disputes related to the Sochi Games. The professor brings more than 30 years of experience in the sports industry and a decade of experience as a sports arbitrator to his seat on the tribunal, known as the Court of Arbitration for Sport ad hoc Division. But that didn’t keep his selection from being a surprise.

“It was a surprise — and a great honor — given that there are only nine from around the world chosen each time,” Roberts said. “I was surprised simply because out of the thousands of talented sports lawyers in the world, and the hundreds of experienced CAS arbitrators around the world, I got selected. It sort of felt like winning the lottery.

While atypical scenarios can arise, cases heard by the Court of Arbitration for the games generally fall into one or two broad categories: a question relating to an athlete’s (or judge’s) eligibility; or a challenge to the outcome of an event, Roberts said.

Cases in the first category can arise because of situations such as a positive drug test, a challenge to the athlete’s country of residence, or a question about the athlete’s gender. Cases in the second category can result when the claimant argues that the rules weren’t followed, the equipment didn’t function properly, or the judges or referees were biased or corrupted.

The International Council of Arbitration for Sport administers and finances the Court of Arbitration for Sport, a permanent arbitration institution headquartered in Lausanne, Switzerland.

The International Council of Arbitration for Sport has set up its CAS ad hoc Division at each summer and winter Olympic Games since 1996. The Sochi arbitrators, announced Jan. 20, are either lawyers, judges or professors specialized in sports law and arbitration.

The division provides all participants in the games with free arbitration to settle disputes. Following the filing of a complaint, the court rapidly convenes a hearing during which all parties and witnesses can present their legal arguments and evidence. Generally the court, operating under specially designed logistics and organization structures, renders its decisions within 24 hours of a hearing — time limits set to keep pace with the Olympic competitions.

Call for submissions: The Journal of Civic Literacy

logo Journal of Civic Literacy

America’s low levels of civic knowledge have been repeatedly documented. The Journal of Civic Literacy is a project of the Center for Civic Literacy at IUPUI. It is a new open-access, online interdisciplinary journal focused upon publishing high-quality, peer-reviewed articles on issues of American civic literacy, defined as that level of public knowledge necessary for informed civic participation.

Civic literacy for our purposes encompasses an acquaintance with:

  • American history, both episodic and intellectual;
  • An understanding of the nation’s constituent documents, their roots and their subsequent amendment and interpretation, and;
  • Sufficient familiarity with and comprehension of basic economic, scientific and policy terminology to permit the formation of reasonably informed opinions on matters of policy disputation.

We are interested in articles addressing:

  • The causes and consequences of low levels of literacy,
  • The role of public education, the comparative efficacy of available curricula and programs (what is working? why and how?),
  • Connections between the current media environment and deficient civic understandings,
  • The role of civic literacy in holding public servants accountable for ethical and trustworthy public service, and
  • Theoretical submissions that consider the role of civic knowledge in the multiple arenas of our common American life.

The Journal’s editorial staff recognizes that practitioners, community members, engaged citizens and others add much value to the ongoing conversation around these issues. Accordingly, in addition to the research articles that will form the basis of each issue, we will welcome contributions to a separate section, the Citizenship Conversation, in which we hope to highlight contributions from government figures, lawyers, political actors, nonprofit administrators and board members, schoolteachers and others concerned about the effects of our civic deficit. Those contributions can take the form of opinion pieces, “best practices” reports, reviews of pertinent books, descriptions of programs and other essays consistent with the Journal’s focus.

The journal will initially be published twice a year by the Center for Civic Literacy at IUPUI. Its editorial board includes scholars representing a wide range of disciplines: political science, public administration, education, science, religious studies and business.

Additional information about the Journal and the submission process can be accessed at on the journal’s website. Questions about this Call for Papers or the Journal of Civic Literacy should be directed to Sheila Kennedy (shekenne@iupui.edu) or jcivlit@iupui.edu.