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Commencement 2023: Dean G. Marcus Cole’S Charge To The Graduating Class, Marcus Cole

Commencement Programs

Joseph A. Matson Dean and Professor of Law G. Marcus Cole delivered this charge to Notre Dame Law School’s Class of 2023 during the Law School’s Hooding Ceremony on May 20, 2023, in Purcell Pavilion.

178th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

The Commencement Program includes:

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 8
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 49
• COLLEGE OF ARTS AND LETTERS 52
• COLLEGE OF SCIENCE 61
• COLLEGE OF ENGINEERING 66
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 85
• TASSELS 104

Table Of Contents

Journal of Legislation

No abstract provided.

Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi

Journal of Legislation

The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools—publicly-funded schools with the freedom to develop innovative practices—offered an opportunity to address the education system’s resistance to change. The hope was that charter schools could serve as laboratories of innovation for new school models that traditional public schools across the country could later adopt.

Despite these good intentions, the charter school movement has not resulted in the change early advocates hoped for. Charter schools often recycle old practices instead of experimenting with new ones. And when a charter school does develop a successful …

A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose

Journal of Legislation

No abstract provided.

Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox

Journal of Legislation

No abstract provided.

Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning

Journal of Legislation

No abstract provided.

Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz

Journal of Legislation

Just three pages of legislative text was enough for the United States to embark on the one of the grandest engineering feats of all time. This Article examines the history, policies, and processes that led to the passage of the Panama Canal Purchase Act of 1902. Beginning and ending with civil wars in Latin America, this Article tells the story of how foreign affairs influence Washington, D.C., and vice versa. It follows closely a rotating cast of characters seeking fame and fortune who resorted to any lengths to achieve them. It winds through stories of revolutions, corruption, pirates, and cutthroat …

The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider

Journal of Legislation

In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …

Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.

Journal of Legislation

The film Oh Brother, Where Art Thou ironically illustrates two points that are relevant in in the context of copyright law within the music industry. First, it displays the strength of radio play on new artists’ lives, careers, and incomes, which was crucial for bluegrass and string-band artist. Second, the film highlights the distinction between the sound-recording copy-holder’s exclusive right to publicly perform their copyrighted sound recording live and the absence of any such right concerning terrestrial radio broadcasts. The absence of a public-performance right for broadcasts of copyrighted sound recordings by terrestrial radio stations (and the resulting non-incurrence of …

A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius

Journal of Legislation

No abstract provided.

Ndls Communicator: Week Of 05.15.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law’s 2023 Shaffer Fellows to address housing issues, provide expungement relief in Chicago and rural Kentucky
• Justice Leona Theron of the Constitutional Court of South Africa visits Notre Dame Law School
• ND Law’s Religious Liberty Clinic represents Sikh, Jewish, and Muslim groups defending a Muslim inmate’s religious rights
• 3L Erica Patterson named ABA Law Student Representative of the Year
• Studying abroad – in America: Japanese prosecutor at Notre Dame Law to learn about American law
• Marcus Cole was one of four keynote speakers who provided remarks at the Fairness for All Summit marking the 10th annual …

Ndls Communicator: Week Of 05.08.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND London Law students learn constitutional law from two Supreme Court justices
• These law schools sent the most grads to federal clerkships
• Roger Alford testified before the Senate Judiciary Committee last Wednesday on the topic of competition in digital advertising.
• David Pruitt was appointed to the Indiana Coalition for Court Access. The Coalition for Court Access coordinates all Indiana Supreme Court related programs designed to provide civil legal aid to those with limited financial resources. The Coalition includes judges, law school representatives, civil legal aid and pro bono providers, and Indiana State Bar Association and Foundation members. …

Hearing Before The United States Senate Committee On The Judiciary, Subcommittee On Competition Policy, Antitrust, And Consumer Rights: Competition In The Digital Advertising Ecosystem, Roger P. Alford

Congressional Testimony

Originally published by the United States Senate Committee on the Judiciary

Perma.cc

Copy of Testimony

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"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan S. Chapman

Notre Dame Law Review

This Essay first attempts to understand how a contested Christian doctrine found its way into constitutional law. It does so through a reverse genealogy of ideas—an archaeology, perhaps. The Essay begins by sketching how U.S. constitutionalism, in both theory and doctrine, reflects the belief that the “arc of the moral universe is long, but it bends toward justice.” It then suggests that underlying this constitutional theme is a merger of two features of American civil religion: the tradition of treating the Declaration of Independence and the Constitution as the central texts of a sacred canon and the belief that America …

Severability And Standing Puzzles In The Law Of Removal Power, Jack Ferguson

Notre Dame Law Review

One of the “oldest and most venerable debates in U.S. constitutional law” concerns the President’s ability to fire executive branch officers. That debate shows little sign of subsiding. In recent years, the Supreme Court has decided a number of removal power cases that reflect an increasingly formalist turn. These cases have endorsed a version of the unitary executive theory and blessed the President’s ability to remove nominally independent officials. When it comes to questions of severability and remedy, however, the formalist majorities have fractured. Collins v. Yellen, decided in 2021, provides the most illuminating example. Justices Thomas and Gorsuch concurred …

Christians And/As Liberals?, Steven D. Smith

Notre Dame Law Review

Christianity and liberalism were made to fit each other, like hand and glove. According to some interpretations, anyway. Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious freedom, is the mode of government that best permits Christians to live in accordance with their faith in a fallen and deviant world. Thus, a couple of decades ago, Robert Kraynak reported that “[a]lmost all churches and theologians now believe that the form of government most …

Catholic Liberalism And The Liberal Tradition, Kathleen A. Brady

Notre Dame Law Review

Criticisms of liberalism are nothing new. All political traditions have their detractors, and as in the past, today’s critics of liberalism include those on the left and right as well as religious believers and those without religious affiliations. However, in very recent years, far-reaching and deepening critiques have been emerging from an unlikely source. Throughout American history, the nation’s religious communities have been among the strongest defenders of religious freedom as well as other fundamental liberal values such as limited government, democratic institutions, civic equality, and other civil freedoms. Conservative Christians have been no exception. With other Americans, they have …

Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella

Notre Dame Law Review

This Article explores parallels between integralists’ defense of the Mortara case (in which Pius IX removed a child from his parents’ care in order to provide him with a Catholic education) and contemporary progressive arguments for overriding the authority of parents who do not want their gender-dysphoric children to undergo social or medical gender transition. In Part I, I offer an overview of the natural law case for limited government, then in Part II I turn more specifically to a natural law defense of parental rights as an essential aspect of limited government. In the following Part, I return to …

Whose Liberalism, Which Christianity?, Jonathan Chaplin

Notre Dame Law Review

The papers in this intriguing Symposium all face the perplexing challenge of negotiating a way through the thicket of divergent definitions of both “liberalism” and “Christianity.” At a time when “Christianity” is thought to be, for some, fundamentally at odds with “liberalism,” or for others, liberalism’s enthusiastic cheerleader, we cannot avoid delving into the finer grain of these complex traditions. The clarificatory challenge in regard to “liberalism” has been lent greater urgency of late because of the comprehensive nature of assaults on “liberalism” by, especially, Catholic integralism. Christians who seek at least partially to defend liberalism against such assaults (as …

Procedure At The Intersection Of Law And Equity: Veil Piercing And The Seventh Amendment, Samuel Haward

Notre Dame Law Review

This Note addresses the multicircuit split that veil piercing’s “vexing” nature has created. The First, Second and Fifth Circuits, on varying theories, have found that there exists a federal right to a jury trial on veil-piercing issues. Conversely, the Sixth and Seventh Circuits have disagreed, holding that veil piercing is an action sounding primarily in equity outside the scope of the Seventh Amendment. Part I will briefly discuss the Supreme Court’s Seventh Amendment jurisprudence and explain how veil piercing falls into the Court’s awkward demarcation of law and equity. Part II will explore the legal and equitable history of veil-piercing …

Liberalism And Orthodoxy: A Search For Mutual Apprehension, Brandon Paradise, Fr. Sergey Trostyanskiy

Notre Dame Law Review

This Article seeks to evaluate and contextualize recently intensifying Christian critiques of liberalism’s intellectual and moral claims. Much of this recent critique has been from Catholic and Protestant quarters. Christianity’s third major branch—Orthodox Christianity—has not played a prominent role in current critiques of liberalism. This Article seeks to help fill this void in the literature. In helping to fill this void, it contributes to understanding how liberalism fits with one of the world’s most ancient Christian traditions.

The Article begins by disambiguating the terms Orthodoxy and liberalism. After identifying each body of thought’s foundational commitments, it notes that Orthodoxy endorses …

A Third Category For Rideshare Drivers: Untying Employment Statutes From Agency Law, Nathaniel Reyes

Notre Dame Law Review

This Note does not take a stance on the issue of whether rideshare drivers should be classified as “employees” under either employment statutes or the doctrine of respondeat superior. It argues, rather, that if the protection of employment statutes is to be extended to rideshare drivers, this should be done by Congress’s creation of new worker categories in the statutes, rather than by squeezing rideshare drivers into the existing “employee” category. The use of the same binary distinction between employee and independent contractor in both employment statutes and respondeat-superior cases is a practice which should ultimately be abandoned, and recognizing …

Mmu: 05/01/23–05/07/23, Student Bar Association

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This Week @ NDLS

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1L of the Week: Mia Nevarez

Jackie's Corner

The Primacy Of Free Exercise In Public-Employee Religious Speech, Nicholas J. Grandpre

Notre Dame Law Review

This Note addresses the question left open by the Court and highlighted by Justice Thomas: under what standard of review should courts review public-employee religious expression protected by both the Free Speech and Free Exercise Clauses? This Note begins by introducing the doctrine of government-employee speech. Then, this Note surveys proposals within existing scholarship that address how courts ought to treat public-employee religious expression. In doing so, this Note evaluates the following proposals: (1) applying Pickering balancing as is; (2) applying a modified version of Pickering balancing; (3) replacing Pickering balancing with intermediate scrutiny; (4) the Holmesian approach: deeming public-employee …

Ndls Communicator: Week Of 05.01.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law’s Religious Liberty Clinic files amicus brief in the Colombian Constitutional Court
• ND Law’s Religious Liberty Clinic defends Apache sacred site from mining plan as Ninth Circuit reviews case
• London book launch with Lord David Alton explores need for international response to genocide
• John Meiser and Olivia Rogers were on the 2023 ND Day broadcast last week talking about the Religious Liberty Clinic.
• Jim Kelly filled on amicus brief in the case, Tyler v. Hennepin County.
• Avishalom Tor has published two new articles.
• Ed Edmonds wrote “Should sports betting be legal in all states? What are …

"It Is Tash Whom He Serves": Deneen And Vermeule On Liberalism, Andrew Koppelman

Notre Dame Law Review

I worry that some recent Christian criticisms of liberalism are the kind of fantasy that Murdoch warned about, caricaturing what they purport to oppose. They are also ominously vague about what would replace it. Both writers echo earlier Christian flirtations with Marxism: philosophical errors lead idealists to gullibly embrace authoritarian kleptocrats who do not give a damn about the people the idealists are trying to help.

I will focus on the work of Patrick Deneen, with some reference to the more abbreviated but similar critiques of liberalism by Adrian Vermeule. Both claim that liberalism’s relentless logic tends to destroy communities …

Religious Political Arguments, Accessibility, And Democratic Deliberation, Paul Billingham

Notre Dame Law Review

Christian critics of liberalism, and especially of contemporary public-reason liberalism, often argue that it objectionably excludes religious voices form the public square, by requiring citizens to bracket their religious convictions when they engage in democratic deliberation. In response, liberals often deny that their views have this implication. Many public-reason liberal theorists are “inclusivists,” who permit religious contributions to deliberation.

Yet even inclusivists provide little reason to think that religious political arguments can be persuasive or fruitful. After all, they tend to see religious reasons as inaccessible to others, due to relying on beliefs, values, and methods of reasoning that others …

Tender And Taint: Money And Complicity In Entanglement Jurisprudence, Amy J. Sepinwall

Notre Dame Law Review

Because liberalism is concerned with individual freedom, it finds that one person is responsible for the conduct of another only under very narrow circumstances. To a large extent, the law reflects this narrow conception of complicity. There is however one glaring exception to the law’s general resistance to complicity claims: where one actor becomes connected to another’s act through a pecuniary contribution, the law’s liberalism falls away. Money forges a cognizable association no matter how tenuous the causal connection and no matter the subsidizer’s attitudes toward the subsidized act. For example, in Burwell v. Hobby Lobby, the Supreme Court recognized …

Contingency And Contestation In Christianity And Liberalism, Michael P. Moreland

Notre Dame Law Review

What is the relationship of Christianity to liberalism? Answers include: Liberalism is a product of the moral legacy of Christianity, such as the dignity of individual human persons, equality, rights, perhaps even some forms of democratic institutionalism. Or liberalism is a hostile reaction against Christianity by way of an autonomous individualism set against divinely ordained creatureliness and dependence, democracy against authority, egalitarianism against hierarchy. Or liberalism is in a modus vivendi relationship with Christianity and vice versa. Or perhaps there is something true about each of these answers.

Critiques of liberalism in law and politics come in waves. The liberal-communitarian …