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Ndls Communicator: Week Of 01.30.23, Notre Dame Law School

NDLS Communicator

Abstract

The Latest News

• ND Law Review symposium features Q&A with Supreme Court Justice Brett Kavanaugh
• Stephanie Barclay will speak at the UC Hastings Law Journal's annual symposium, "The Present and Future of Religious Freedom" on Feb 3. She will discuss the development of the Free Exercise Clause and the future of religious freedom.
• Diane Desierto has published, "Global Perspectives on Teaching International Investment Arbitration: Teaching International Investment Arbitration in the Global North and the Global South" in the Kluwer Arbitration Blog.
• Rick Garnett was also quoted in the Tablet article, "Supreme Court to Hear Case of Postal Worker Forced …

Mmu: 01/30/23–02/05/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Annad Khraisat

2Ls Taking Ls: Kate Hahn

Ask a 3L: Sam Mariani

Sport Report by Stephen Nugent

Jakim's Corner

Mmu: 01/23/23–01/29/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Drew Bennison

2Ls Taking Ls: Josh Mannery

Ask a 3L: Christine Logan

Jackie's Corner

Mmu: 01/16/23–01/22/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Monday - January 16: (MLK Day) No Class, Day of Service

CLS Prayer Meeting

CDO Events: Research Assistant Information Session.

Gavel Club Meeting (for all NDLS Student Clubs)

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Westlaw Precision

Intro to Financial Restructuring & Insolvency with White & Case

Financial Wellness Week: January 23-27

Ndls Communicator: Week Of 12.19.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Roger Alford was quoted by Reuters in a report on the Federal Trade Commission’s attempt to block the Microsoft- Activision merger.
• Nicole Garnett was quoted in the article, "Oklahoma takes 'momentous' step to allow taxpayer-funded religious schools."
• Rick Garnett was quoted by Deseret News in an article about the Supreme Court case 303 Creative v. Elenis.
• Sherif Girgis was in the video, "The Constitution: Our Bill of Rights" produced by PragerU.
• Diane Desierto will moderate the Innovation in Investor- State Arbitration Panel at the Fifth Annual Schiefelbein Global Dispute Resolution Conference coming up in January.
• Catholic Schools …

Ndls Communicator: Week Of 12.12.22, Notre Dame Law School

NDLS Communicator

Chancellor Kathaleen McCormick ’04 J.D. of the Delaware Court of Chancery delivers inaugural Patricia O’Hara Distinguished Lecture in Law & Business

The Latest News

• Last year, the ND Fitzgerald Institute for Real Estate (FIRE) started the Church Properties Initiative to help the Church to think through real estate concerns. Dan Kelly is the faculty director for FIRE.
• Rick Garnett explained public accommodation laws for a Today Show report on a Virginia restaurant that refused to serve a conservative Christian group.
• Nicole Garnett writes about how religious charter schools will add valuable pluralism to the U.S. educational landscape in an essay …

Mmu: 12/05/22–12/11/22, Notre Dame Law School, Student Bar Association

Monday Morning Update

Note from the Editor

This Week @ NDLS

Screening of "The Hong Konger: Jimmy Lai's Extraordinary Struggle for Freedom"

CLS Prayer Meeting

Dog Day

FREE COFFEE from Student Services

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Study Rooms

1L of the Week: Harry Weeks

2Ls Taking Ls: Tori Hust

Ask a 3L: Erin Gormley

Jackie's [Kamel] Corner

Ndls Communicator: Week Of 12.05.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Emily Bremer wins Emerging Scholar Award from AALS
• Dublin and Hamburg Honor Scholars Programs offer unique opportunities for students to learn international law
• Notre Dame recognized as top LL.M. Human Rights Law Program
• Religious Liberty Initiative mentioned in article about Ohio EdChoice debate
• Mary Ellen O'Connell was quoted in The Intercept article, "Will Biden Sell Advanced Drones to Ukraine?"
• Jimmy Gurulé was quoted by the Washington Post in "Sedition trial win bolsters Justice Dept. in Jan. 6 probe."
• Avishalom Tor has published a new article, "The Law and Economics of Behavioral Regulation," 18 Review of Law …

Social Trust In Criminal Justice: A Metric, Joshua Kleinfeld, Hadar Dancig-Rosenberg

Notre Dame Law Review

What is the metric by which to measure a well-functioning criminal justice system? If a modern state is going to measure performance by counting something—and a modern state will always count something—what, in the criminal justice context, should it count? Remarkably, there is at present no widely accepted metric of success or failure in criminal justice. Those there are—like arrest rates, conviction rates, and crime rates—are deeply flawed. And the search for a better metric is complicated by the cacophony of different goals that theorists, policymakers, and the public bring to the criminal justice system, including crime control, racial justice, …

Democracy's Forgotten Possessions: U.S. Territories' Right To Statehood Through Constitutional Liquidation, Joshua Stephen Ebiner

Notre Dame Law Review

This Note argues that the Territories must be granted statehood consistent with the equal footing doctrine. This thesis does not challenge Congress’s power to acquire or govern territory, or its constitutional authority to admit (and place reasonable conditions on the admission of) territory into the Union as states. These matters have long been settled through constitutional practice. Neither does this thesis suggest that acquired territory must be immediately annexed into the Union, since there are valid reasons to delay such a decision. Instead, the claim is that permanently inhabited territories that have longstanding, constitutionally significant relationships with the United States …

Put Mahanoy Where Your Mouth Is: A Closer Look At When Schools Can Regulate Online Student Speech, Courtney Klaus

Notre Dame Law Review

This Note proposes a way to approach online student speech in three different contexts: cyberbullying, online threats, and other kinds of incendiary speech. Each approach is informed by a combination of lower court precedent, historical trends, and Supreme Court dicta to piece together when exceptions to online student speech protection may apply. Each analysis provides an explanation of how Tinker can and should be used to justify school discretion over particular kinds of online speech. Part I provides the history behind how the First Amendment has been used to protect public school student speech and discusses the unique issues the …

The Constitutional Law Of Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

Notre Dame Law Review

The current debate over constitutional interpretation often proceeds on the assumption that the Constitution does not provide rules for its own interpretation. Accordingly, several scholars have attempted to identify applicable rules by consulting external sources that governed analogous legal texts (such as statutes, treaties, contracts, etc.). The distinctive function of the Constitution—often forgotten or overlooked—renders these analogies largely unnecessary. The Constitution was an instrument used by the people of the several States to transfer a fixed set of sovereign rights and powers from one group of sovereigns (the States) to another sovereign (the federal government), while maintaining the “States” as …

Solidarity Federalism, Erin F. Delaney, Ruth Mason

Notre Dame Law Review

Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and the federal government. This Article approaches federalism from a different perspective, one that focuses on state solidarity. We explain how solidarity structures found in constitutional federations—including the United States—generate solidarity obligations, such as duties not to harm other states or their citizens. These duties give rise to principles, such as nondiscrimination, that are vital to federalism. Focusing on interstate relations and relations between states and citizens of other states, we argue that affirming both solidarity and autonomy as …

On The Rightful Deprivation Of Rights, Frederick Schauer

Notre Dame Law Review

When people are deprived of their property rights so that the state can build a highway, a school, or a hospital, they are typically compensated through what is commonly referred to as “takings” doctrine. But when people are deprived of their free speech rights because of a clear and present danger, or deprived of their equal protection, due process, or free exercise rights because of a “compelling” governmental interest, they typically get nothing. Why this is so, and whether it should be so, is the puzzle that motivates this Article. Drawing on the philosophical literature on conflicts of rights and …

Debs And The Federal Equity Jurisdiction, Aditya Bamzai, Samuel L. Bray

Notre Dame Law Review

The United States can sue for equitable relief without statutory authorization. The leading case on this question is In re Debs, and how to understand that case is of both historical and contemporary importance. Debs was a monumental opinion that prompted responses in the political platforms of major parties, presidential addresses, and enormous academic commentary. In the early twentieth century, Congress enacted several pieces of labor legislation that reduced Debs’s importance in the specific context of strikes. But in other contexts, the question whether the United States can bring suit in equity remains disputed to this day. The …

Revisiting The Fried Chicken Recipe, Zachary B. Pohlman

Notre Dame Law Review Reflection

Twenty-five years ago, Gary Lawson introduced us to legal theory’s tastiest analogy. He told us about a late-eighteenth-century recipe for making fried chicken and how we ought to interpret it. Lawson’s pithy essay has much to be praised. Yet, even twenty-five years later, there remains more to be said about legal theory’s most famous recipe. In particular, there remains much more to be said about the recipe’s author, a person (or, perhaps, group of people) whom Lawson does not discuss. Lawson’s analysis of the recipe leads him to an “obvious” conclusion: the recipe’s meaning is its original public meaning. If …

The First Amendment And Military Justice: Threats To Political Neutrality, Joshua Paldino

Notre Dame Law Review Reflection

This backdrop illustrates a throughline that runs throughout, and creates tension within, the Military Justice system. On the one hand, there is a need to protect the individual rights of servicemembers. This concern is driven (in part) by the intuition reflected in Judge O’Connor’s opening sentences—those sworn to protect constitutional liberties should surely enjoy the benefits of that which they protect. On the other, individual rights protections must yield, to some degree, to the needs of military life and military exigency. Of course, "to some degree" is the space in which debate and maneuverability resides. But while discretionary space certainly …

State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske

Notre Dame Law Review

Tax systems have been struggling to adapt to the digitalization of the economy. At the center of the struggles is taxing digital platforms, such as Google or Facebook. These immensely profitable firms have a business model that gives away “free” services, such as searching the web. The service is not really free; it is paid for by having the users watch ads and tender data. Traditional tax systems are not designed to tax such barter transactions, leaving a gap in taxation.

One response, pioneered in Europe, has been the creation of a wholly new tax to target digital platforms: the …

Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman

Notre Dame Law Review Reflection

The Bostock Court adopted an argument I’ve been making for years, and that I pressed upon it in an amicus brief: that discrimina-tion against gay people is necessarily sex discrimination. I defended Justice Neil Gorsuch’s opinion for the Court in my article, Bostock, LGBT Discrimination, and the Subtractive Moves, which catalogues various common but unsuccessful strategies for evading the force of the sex discrimination argument. That piece, originally drafted before the Supreme Court’s decision as a critique of arguments by Court of Appeals judges, was easy to revise and update. The dissenters, Justices Samuel Alito (joined by Clarence …

Mmu: 11/28/22–12/04/22, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

HOW TO ATTACK AN EXAM

CLS Prayer Meeting

2023 Summer Fellowship

Information Session: 2023 Program of Church, State & Society Summer Fellowship

Interview Workshop

Private Law Workshop

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Study Aids

Applying for the London Programme 2023/24

1L of the Week: McKenzie Brummond

2Ls Taking Ls: Lizzy Forzley

Ask a 3L: Julia Fissore-O'Leary

Sports Report by Stephen Nugent

Jackie's [Kamel] Corner

Ndls Communicator: Week Of 11.28.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on 'Liberalism, Christianity, and Constitutionalism'
• Judge Theodor Meron delivers ND Law’s 2022 Peace Through Law Lecture in London
• DEI Podcast, Episode 3: Understanding Imposter Feelings
• The Religious Liberty Clinic represents Sikhs, Muslims, Bruderhof, and Jewish groups defending a Rastafarian inmate forcibly shaved bald
• Sadie Blanchard's article, "Contracts Without Courts or Clans: How Business Networks Govern Exchange" has been published in the Georgia Law Review.
• Randy Kozel's new paper, “Government Employee Speech and Forum Analysis” was published in the Journal of Free Speech and challenges the idea that free speech claims by …

Mmu: 11/21/22–11/27/22, Notre Dame Law School, Student Bar Association

Monday Morning Update

Note from the Editor

This Week @ NDLS

1L Registration

"How to Excel on Law School Exams" - Professor Panel for 1Ls

Mass Times

Commons Daily Menu

November 23 - November 27 Holiday Break

General Announcements

SBA Thanksgiving Food Drive

Notre Dame in Prison

Kresge Law Library: Research Assistant Opportunity

Law school students win intramural football championship

Ndls Communicator: Week Of 11.21.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Dean G. Marcus Cole to be inducted into the American College of Bankruptcy
• Notre Dame Religious Liberty Clinic defends Muslim man denied permission to pray outside his cell
• Notre Dame Law Review published Volume 98, Issue 1: Jeff Pojanowski's co-authored book review, "Recovering Classical LegalConstitutionalism: A Critique of Professor Vermeule's New Theory" is published in the issue.
• Randy Kozel wrote a book review of Philip Hamburger's book, "Purchasing Submission: Conditions, Power, and Freedom."
• Mary Ellen O'Connell's article, “Twenty Years of Drone Attacks” was published by EJIL:Talk.
• Sam Bray spoke at Catholic University last week on the Influence …

Mmu: 11/14/22–11/20/22, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Alesondra Cruz

2Ls Taking Ls: Tori Hust

Ask a 3L: Andrew Scarafile

LLM Feature: Rose Higgins

Sports Report by Stephen Nugent

Jackie's [Kamel] Corner

Ndls Communicator: Week Of 11.13.22, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law honors Professor Judy Fox and alumna Tia Paulette at the inaugural Rev. David T. Link Public Interest Banquet
• ND Law connects students and law firms at Meet the Employers Diversity Fellowship event
• 'Religious Liberty Issues in Healthcare' panelists offer insights on legal and cultural challenges in healthcare
• Sherif Girgis was quoted in the NRB article, "303 Creative Set to Be Heard by the Supreme Court."

Student News

• ND Law Moot Court Board hosts seventh annual religious freedom tournament
• Religious Liberty Student Cohort for 2022-2023 named

Events

• Monday, Nov. 14: SBA Thanksgiving Food Drive is happening …

Ndls Communicator: Week Of 11.07.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on Unconstitutional Conditions and Religious Liberty
• Sadie Blanchard's paper, “Nominal Damages As Vindication,” was reviewed in Jotwell.
• Avishalom Tor's article, "Digital Nudging: Potential and Pitfalls," was published in the October 2022 issue of the CPI TechREG Chronicle.
• Jay Tidmarsh was quoted in the Billboard article, "One Year Later, The Massive Litigation Over Astroworld Is Just Getting Started."
• Nicole Garnett and Fr. Pat Reidy wrote “Religious Covenants” which explores the phenomenon of religiously motivated deed restrictions.
• Sherif Girgis was a panelist in a talk about free speech held at the US National …

Mmu: 11/07/22–11/13/22, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Hadiah Mabry

2Ls Taking Ls: Sandy Weir

Ask a 3L: Laura Mahoney

LLM Feature: Porta Chigbu

Sports Report by Stephen Nugent

Jackie's Corner

"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp

Notre Dame Law Review

Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …

Speaking Of The Speech Or Debate Clause: Revising State Legislative Immunity, Shane Coughlin

Notre Dame Law Review Reflection

An increasing number of America’s most contentious issues will be resolved in state legislatures. Consequently, the ability of litigants to seek judicial review of a legislature’s actions is becoming more important. The scope of state legislative immunity, a federal common-law defense that provides state legislators with absolute immunity against certain lawsuits, will also increase in importance. A recent case involving New Hampshire’s legislature raises two significant questions about the scope of state legislative immunity. The first question entails how the United States Congress can abrogate the immunity, and the second question is whether legislators may claim the immunity when a …

Against Secondary Meaning, Jeanne C. Fromer

Notre Dame Law Review

Trademark law premises protection and scope of marks on secondary meaning, which is established when a mark develops sufficient association to consumers with a business as a source of goods or services in addition to the mark’s linguistic primary meaning. In recent years, scholars have proposed that secondary meaning plays an even more central role in trademark law than it already does. Yet enshrining secondary meaning in the law undermines the ultimate goals of trademark law: promoting fair competition and protecting consumers. The dangers of enshrining secondary meaning include the problematic doctrine that has built up to assess it or …