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Ndls Communicator: Week Of 05.20.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School alumnae Kari Lorentson ’19 J.D. and Elizabeth Totzke ’22 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett
• Stories of Notre Dame Law School's Class of 2024 Graduates
• Professor Jay Tidmarsh to deliver Notre Dame Law School 2024 Commencement Address
• Notre Dame Hispanic Law Students Association recognizes Justice Mary Yu with Graciela Olivárez Award and honors 3L graduates
• Celebrating excellence: Notre Dame BLSA honors community leaders, students, and alumni

Faculty Briefs

• Jay Tidmarsh's article he co-authored in 2008 for the Michigan Law Review was cited in Justice Alito's dissent in last …

Ndls Communicator: Week Of 05.13.24, Notre Dame Law School

NDLS Communicator

The Latest News

• University of Notre Dame Hosts Consultation with the UN Special Rapporteur on the Right to Education
• Notre Dame Law School ranked #4 in federal clerkship placement for second year
• ND Law and Graduate School to host Legal History Colloquium: Call for Papers
• Notre Dame Journal of International & Comparative Law Symposium Explores the Impact of Anti-Blasphemy Laws on Religious Expression

Faculty Briefs

• Avishalom Tor has published a peer-reviewed article, “If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics,” 31 History of Economic Ideas 67 (2023) (with Doron Teichman and Eyal Zamir).
• Derek …

Mmu: 04/29/24–05/05/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 04.22.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School celebrates 35 years of Father Mike Show and raises funds for Women’s Legal Forum
• Notre Dame Law School Global Human Rights Clinic to participate in climate change hearings at the Inter-American Court of Human Rights in Barbados
• Program on Church, State & Society hosts John Inazu, author of “Learning to Disagree” for Book Talk
• Notre Dame Religious Liberty Clinic represents volunteer minister barred from county jail because of his religious views
• Notre Dame Law School Hosts Symposium on Assessing Regulatory Instruments of Behavior Change in Energy Conservation
• Diane Desierto received the Durwood Zaelke …

Ndls Communicator: Week Of 04.15.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School strengthens international ties with MOUs with Panthéon-Assas and Lucerne
• Prof. Robert P. Thompson Shares Insights on Securities Law at ND Law Patricia O'Hara Distinguished Lecture in Law & Business
• Notre Dame Law School holds third annual Interfaith Dinner in observance of Passover, Easter, Ridván, and Ramadan
• On April 11 and 12, Jay Tidmarsh participated in two panels at a conference organized by the James Humphreys Complex Litigation Center at George Washington University Law School.
• Mary Ellen O'Connell was quoted in an article by Morningstar Online, "Nicaragua takes Germany to top UN court seeking …

Ndls Communicator: Week Of 04.08.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Alexander "Sandy" Steel receives a Leverhulme Major Research Fellowship
• Mary-Kathryn Takeuchi ‘20 J.D. joins ND Law’s Exoneration Justice Clinic as legal fellow
• First Catholic charter school providing access for underserved students defended by Notre Dame Religious Liberty Clinic
• Emily Bremer is speaking today on "New Challenges in Adjudication and Judicial Review" as a panelist at Widener University Commonwealth Law School's Law Review Symposium.
• Mary Ellen O'Connell was quoted in the Washington Post in "Top UN court will hold hearings in a case accusing Germany of facilitating Israel's Gaza conflict."
• A recent ruling by the Florida Supreme …

Mmu: 04/08/24–04/14/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 02.19.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on 'Speech and Religious Exercise in the Workplace'
• Paul Miller, along with Thaïs Burmeister Pires, Director for Initiatives in Brazil of Notre Dame International’s São Paulo Global Center, recently visited several leading law schools and educational specialists throughout Brazil.
• Jeff Pojanowski joined Judge Stephanos Bibas, U.S. Court of Appeals for the Third Circuit, for a discussion, "Beyond Left and Right" about the nature, role, and future of the U.S. Supreme Court at the New York Encounter conference. Giuliana Carozza Cipollone moderated the discussion.
• The ND Law Journal of International & Comparative …

Jennifer Newsome Martin To Succeed O. Carter Snead As Director Of De Nicola Center For Ethics And Culture, University Of Notre Dame, Kenneth Hallenius

NDLS in the News

Sarah Mustillo, the I.A. O’Shaughnessy Dean of Arts and Letters, has appointed University of Notre Dame theologian Jennifer Newsome Martin to be the next director of the de Nicola Center for Ethics and Culture. She will succeed O. Carter Snead, the Charles E. Rice Professor of Law, who will conclude 12 years of service in this role on June 30.

Belief In War, Mary Ellen O'Connell

Journal Articles

Introductory Statement

Belief in war dominates our world. From Ukraine to Sudan to America’s ‘war on terror’, extraordinary resources are poured into militaries and arms races. The explanation for why belief in war has become prominent in foreign and security policy in Russia, the United States., China, NATO states and many other places is linked to the influence of Realist political theory. Pope St. John XXIII’s encyclical Pacem in Terris argued for honoring the alternatives to Realism – international law and institutions. It is time for an encyclical that responds directly to Realism and teaches belief in the authentic natural …

Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch

Journal of Legislation

No abstract provided.

The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn

Notre Dame Journal of International & Comparative Law

No abstract provided.

Edward J. Kelly Prize In Elder Law, Notre Dame Law School

Student, Faculty, and Staff Awards

The Elder Law Prize is intended to advance the study of elder law and to encourage and assist Notre Dame Law students who may have an interest in this field. This award is given annually to the NDLS student who has written the best essay, article, or legal brief on a topic relating to elder law. Due to a gift from the Retirement Research Foundation on behalf of Mr. Ed Kelly, the winner of the award will receive a monetary prize.

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.

Alvin Mckenna Alumnus Of The Year Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by BLSA to a graduate who distinguishes him/herself with the African American legal community and through support of BLSA programs & activities. The honoree also demonstrates a commitment to service through active involvement within the community.

Notre Dame Law School Distinguished Staff Award, Student Bar Association

Student, Faculty, and Staff Awards

Recognizes a member of the Law School staff that has exhibited excellence in leadership, dedication, and professionalism.

Ndls Communicator: Week Of 12.4.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law honors Professor Jimmy Gurulé and alumna Alyssa Phillips at 2023 Rev. David T. Link Public Interest Banquet
• Marc Moore, Global Distinguished Professor of Law at the Notre Dame London Law Programme, recently published a new book, “A Research Agenda for Corporate Law.”
• Sherif Girgis published an article in the New York University Law Review that examines the Supreme Court's "living traditionalism."
• Nicole Garnett was quoted in an article by the UPI about St. Isadore Catholic Virtual School in Oklahoma.
• Derek Muller was quoted by Bloomberg Law News in "Voting Rights Law Faces More Setbacks With …

A Non-Categorical Approach To Free Exercise Rights, Elizabeth A. Clark

Notre Dame Law Review Reflection

The unconstitutional conditions doctrine, which holds that “the government may not deny a benefit to a person because [that person] exercises a constitutional right,” has been applied inconsistently to matters within the Free Exercise Clause and without, including entitlements to unemployment benefits, licenses to proselyte, educational benefits, and the right to run for public office.

In this Essay, I use the way the Supreme Court has applied the unconstitutional conditions doctrine and other anomalous cases, history, and comparative law to reconstruct a more nuanced Free Exercise regime, one that in many ways more closely parallels U.S. protections for speech and …

Ndls Communicator: Week Of 10.23.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School's Exoneration Justice Clinic earns second DOJ grant in two years
• Notre Dame Law School celebrates Professor Christian Burset’s new book
• Notre Dame Law Students Help Rebuild Lives: Summer Expungement Project Offers Fresh Starts
• Patrick A. Salvi '78 J.D. Receives Illinois Bar Foundation's Distinguished Excellence Award
• Cook County State’s Attorney Kim Foxx spoke with ND Law students about criminal justice reform and what it means to be a progressive prosecutor on October 10.
• Marcus Cole delivered opening remarks and introduced the moderator, Ed Haug at the Innovation Rally on the future of self-driving cars …

Mmu: 10/23/23–10/29/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Mmu: 09/18/23–09/24/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

2023 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Remarks At Gala & Award Dinner, Marcus Cole

2019–Present: G. Marcus Cole

Dean Marcus G. Cole, founder of the Notre Dame Law School's Religious Liberty Initiative welcomes participants of the third annual Notre Dame Religious Liberty Summit Gala Dinner.

Perma.cc

Free Exercise Renewal And Conditions On Government Benefits, Thomas C. Berg

Notre Dame Law Review Reflection

When the government puts a condition on funding or other benefits that it provides, can it impose that condition on a recipient (organization or individual) whose religious character or tenets conflict with the condition? That question arises in some of today’s most prominent religious-freedom controversies, actual and potential. Conditions accompanying certain federal contracts and funding programs prohibit discrimination based on religion or sexual orientation; those conditions may prevent a recipient organization from requiring that its leaders or employees affirm or live consistently with its religious tenets. Even the highly uncertain prospect that the federal government might someday strip tax exemptions …

There Are No Unconstitutional Conditions On Free Exercise, Michael A. Helfand

Notre Dame Law Review Reflection

Maybe no passage about the unconstitutional conditions doctrine is quite as memorable as the judgment rendered by Adam Cox and Adam Samaha: “You can easily question the judgment of anyone who writes a paper, even an essay, with ‘unconstitutional conditions’ in the title. The topic is very 1980s and scholars lost their enthusiasm for it not long after the Go-Go’s broke up.”

And yet, recent court decisions—and the government response to them—have thrust the doctrine back onto the scholarly agenda. At the center of this renewed interest is a series of recent Supreme Court cases prohibiting exclusion of religion and …

Mysterizing Religion, Marc O. Degirolami

Notre Dame Law Review Reflection

A mystery of faith is a truth of religion that escapes human understanding. The mysteries of religion are not truths that human beings happen not to know, or truths that they could know with sufficient study and application, but instead truths that they cannot know in the nature of things. In the Letter to the Colossians, St. Paul writes that as a Christian apostle, his holy office is to “bring to completion for you the word of God, the mystery hidden from ages and from generations past.” Note that Paul does not say that his task is to make everybody …

Nd Lawyers Of New York City: ‘Off The Court’ With Muffet Mcgraw And Coquese Washington ’97 J.D., Marcus Cole

2019–Present: G. Marcus Cole

Notre Dame Law School Dean G. Marcus Cole participated in a fireside chat with Muffet McGraw, the former head women’s basketball coach at Notre Dame, and Coquese Washington ’92, ’97 J.D., the head women’s basketball coach at Rutgers on June 6 in New York City.

Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott T. Macguidwin

Notre Dame Law Review

The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.

As part of the Notre Dame Law Review’s Symposium on the History of the Administrative Procedure Act …

The Apa As A Super-Statute: Deep Compromise And Judicial Review Of Notice-And-Comment Rulemaking, William N. Eskridge Jr., John Ferejohn

Notre Dame Law Review

The Administrative Procedure Act of 1946 (APA) is a “super-statute,” creating a robust, enduring governance structure for the modern regulatory state. An emerging literature on “APA originalism” maintains that some of the judge-created rules of administrative law are inconsistent with the APA’s original public meaning and therefore illegitimate. In the context of notice-and-comment rulemaking, some academics and judges wield APA originalism as a reason to abrogate the presumption of judicial review, hard-look review of agency factual conclusions, and judicial deference to agency interpretations of law. Some of the judges who would apply original public meaning to those issues have asserted …