News Archive
New Article by Professor Winters Appears in Law Journal
11/17/2017
Diana R. H. Winters, Associate Professor of Law and Dean’s Fellow at the IU Robert H. McKinney School of Law, recently published “Restoring the Primary Jurisdiction Doctrine” for Ohio State Law Journal.
The article addresses primary jurisdiction, which allows a court to refer an issue to an administrative agency for determination when the issue is within the agency’s purview, while still retaining jurisdiction over the case. Professor Winters writes in the introduction, “Courts should reconfine primary jurisdiction to the rate-setting and labor dispute contexts. If necessary to extend the doctrine to other areas where the consequence of not doing so would gravely injure the regulatory scheme, courts must recognize the value of an explicit articulation of the doctrine’s applicability and benefits.”
Professor Winters’ current research involves the judicial review of health and safety regulation. She joined the McKinney faculty in 2012.
