Secondary Titles (1)
- Graf Family Professor
Industry Expertise (2)
Areas of Expertise (4)
Ralph C. Hoeber Award for Excellence in Research (professional)
Granted by the Academy of Legal Studies in Business.
Best Published Life Sciences Paper (professional)
Awarded by the Center for the Business of Life Sciences, Kelley School of Business.
MBA Teaching Excellence Award (professional)
Awarded by the Kelley School of Business.
Eli Lilly Teaching Excellence Award (professional)
MBA Program, Kelley School of Business.
University of Nebraska: J.D., Law 1981
Media Appearances (1)
Special issue of Business Horizons focuses on health care and life sciences issues
IU Newsroom online
Health care reform has been at the heart of much recent political debate in the United States, including renewed attempts to gain bipartisan support from Congress for passage of a national system of health insurance coverage. Special issue guest editors and Kelley School professors John W. Hill and Arlen W. Langvardt said they set out more than two years ago to examine healthcare and life sciences issues beyond the debate...
Event Appearances (1)
Generic Pharmaceuticals and the “Unfortunate Hand” Dealt to Harmed Consumers: The Emerging State Court Resistance
Pacific Southwest Academy of Legal Studies in Business Palm Springs, CA
This Article proposes a fair use analysis appropriate for use by courts in the event that a user of the “I Have a Dream” speech departs from the usual tendency to obtain a license in order to avoid litigation and, instead, rests its fate on the fair use doctrine. The proposed analysis gives a suitably expansive scope to the fair use doctrine for cases dealing with uses of the speech or similarly historic works, given the important public purposes that could be served by many such uses. The Article also develops a test for use in determining whether a work is sufficiently historic, for purposes of the fair use analysis proposed here.
This Article analyzes the decisions in light of the various, sometimes inconsistent strains of First Amendment principles that the Supreme Court has adopted, explores what Congress and the FDA should be able to do in regulating tobacco advertising and promotion without violating the First Amendment, and recommends analyses for use in the event that the Supreme Court agrees to decide a tobacco advertising case.
This article examines potentially useful mistake-proofing techniques, explores the largely unsound reasons why healthcare professionals have been slow to adopt such techniques, and explores the implications of mistake-proofing adoption (or lack thereof) for malpractice litigation and liability. Along the way, this article considers the undesirable effects of misperceptions on the part of healthcare professionals regarding their risks of being held liable in a malpractice case. This article also proposes ways of encouraging greater adoption of mistake-proofing techniques and other error-reduction practices in healthcare contexts.
We offer factor-by-factor recommendations for making the fair use analysis more protective of First Amendment interests, so that the fair use doctrine can become the free speech safeguard that courts’ traditional view has long represented it to be. In addition, we provide free-speech-sensitive recommendations regarding remedies issues that arise when a copyright infringement defendant’s fair use defense is plausible but not sufficient to prevent liability.
As evinced by the current national debate, the U.S. faces a health care crisis of monumental proportions, with complex issues of access, quality, and affordability. In terms of its cost, politics, quality, and efficiency, health care is a national issue that seriously threatens the U.S. economy. Electronic health care (e-health) applications are proposed as a partial solution, and increased use of health information technology (HIT) is a common element of most serious U.S. health care reform proposals.