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Ndls Communicator: Week Of 11.20.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School establishes new Global Human Rights Clinic.
• Diane Desierto is currently representing Nobel laureate Maria Ressa in her defense against cyber libel charges at the Philippine Supreme Court.
• The Religious Liberty Clinic filed an amicus brief in the U.S. District Court for the District of Oregon case St. Timothy's Episcopal Church et al. v. City of Brookings, advocating for religious organizations’ freedom to serve the hungry.
• The Religious Liberty Clinic filed an amicus brief in the Fifth Circuit Court of Appeals, urging the court to protect a sacred site in San Antonio, Texas, that …

Mmu: 11/13/23–11/19/23, Student Bar Association

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Ndls Communicator Week Of 11.13.23, Notre Dame Law School

NDLS Communicator

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• Our Notre Dame Law School delegation completed their visit to Cape Town and are now in Johannesburg.
• In honor of Veterans Day, we are honored to showcase profiles of a few of the veterans and active duty military members who are part of the ND Law community.
• Notre Dame Law Professor Jimmy Gurulé will be speaking at the International Criminal Court (ICC) on Monday, November 13.
• Notre Dame Law School’s Religious Liberty Initiative hosts the Law & Religion Junior Faculty Conference in Chicago.
• Mary Ellen O’Connell wrote an op-ed, "Biden needs to call for a ceasefire and …

Mmu: 11/06/23–11/12/23, Student Bar Association

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Ndls Communicator: Week Of 11.06.23, Notre Dame Law School

NDLS Communicator

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• A delegation from Notre Dame Law School, led by Marcus Cole, embarked on a ten-day visit to South Africa on Monday, November 6.
• Justice Dumisa Ntsebeza recently visited Notre Dame Law School and shared his personal story from the apartheid era in South Africa.
• The Religious Liberty Clinic filed an amicus brief in the Ninth Circuit Court of Appeals case Loffman v. California Department of Education representing the California Catholic Conference (CCC).
• In the latest episode, Max Gaston revisits his conversation with University of Michigan Professor of Psychology Kevin Cokley about imposter syndrome.
• The de Nicola Center …

Mmu: 10/30/23–11/05/23, Student Bar Association

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Ndls Communicator: Week Of 10.30.23, Notre Dame Law School

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• Carter Snead has been appointed to be the Charles E. Rice Professor of Law, a new University Named Chair honoring the legacy of Charles E. Rice, a distinguished faculty member at Notre Dame Law School for over 45 years.
• Rick Garnett has received the "Pope Pius XI Award for Contributions toward the Building Up of a True Catholic Social Science" from the Society of Catholic Social Scientists.
• Notre Dame Law School is launching a new experiential learning program aimed at supporting parents in the wider South Bend, Indiana area as they advocate for services, accessibility, and accommodations …

The Lessons Of 9/11 For October 7, Mary Ellen O'Connell

NDLS in the News

October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.

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

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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: 10/09/23–10/15/23, Student Bar Association

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Ndls Communicator: Week Of 10.09.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Exoneration Justice Clinic receives $3 million grant to defend Mexican nationals in U.S. criminal cases
• The annual Red Mass was held last week in the Basilica of the Sacred Heart
• Daniel R. Murray ‘67 receives Lifetime Achievement Award from the Catholic Lawyers Guild of Chicago
• Last week the Indiana Court of Appeals brought its "Appeals on Wheels" program to ND Law's McCartan Courtroom. Students attended an argument for the case State v. Lucas, and had the opportunity to ask questions to Judges Robert Altice Jr., Terry Crone, and Elizabeth Tavitas.
• Paolo Carozza was quoted in an AP …

Ndls Communicator: Week Of 10.02.23, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Elena Kagan Visits Notre Dame
• Paolo Carozza, who serves as the U.S. member of the Venice Commission, is one of the rapporteurs drafting an opinion on various aspects of Chile's recent constitutional reform initiative.
• Mary Ellen O’Connell was quoted in The Economist article, "States are becoming more brazen about killing foes abroad."
• Avishalom Tor discussed his recent article "If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics" and related topics at a roundtable that took place during the annual conference of the World Interdisciplinary Network for Institutional Research …

Mmu: 10/02/23–10/08/23, Student Bar Association

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The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Ndls Communicator: Week Of 09.25.23, Notre Dame Law School

NDLS Communicator

The Latest News

• We were honored to have US Supreme Court Justice Elena Kagan visit Notre Dame Law School last week.
• The Religious Liberty Clinic has helped the Archdiocese of Oklahoma City and the Diocese of Tulsa secure approval to operate a Catholic charter school & represents St. Isidore of Seville Catholic Virtual School in a lawsuit, along with attorneys from Dechert LLP.
• Derek Muller was quoted in the Tampa Free Press article, "Trump’s Eligibility For The 2024 Ballot Could Be Headed To The Supreme Court."
• John Meiser wrote an op-ed piece for The Hill where he discusses a version …

Mmu: 09/25/23–10/01/23, Student Bar Association

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

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Ndls Communicator: Week Of 09.18.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic students help draft UK Parliamentary report on the state of religious liberty in Nepal.
• Breck Giltner, Blake Perry, Jessica Smith, and Dennis Wieboldt, all first-year Notre Dame Law School students, have been named 2023-24 Murphy Fellows.
• The Religious Liberty Clinic represented an Iranian convert to Christianity in his asylum proceedings before the Executive Office for Immigration Review (EOIR).
• The Notre Dame Program on Law and Market Behavior (LAMB) co-sponsored the Second International Behavioral Public Policy Conference last week at the University of North Carolina at Chapel Hill.
• In this interview for the DEI podcast, …

Mmu: 09/11/23–09/17/23, Student Bar Association

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Ndls Communicator: Week Of 09.11.23, Notre Dame Law School

NDLS Communicator

The Latest News

• US Supreme Court Justice Elena Kagan to visit Notre Dame

• Notre Dame Law School holds moot court program for junior high students

• The DEI Podcast with Max Gaston is back with a new season. Season 2 starts off with a conversation with Dr. William Cox of the University of Wisconsin-Madison about unconscious bias.

• Derek Muller was quoted in the New York Times article, "Colorado Lawsuit Seeks to Keep Trump Off Ballots Under 14th Amendment."

• Marah Stith McLeod argues that no judge should impose a prison sentence after trial that exceeds what the jury deems the defendant to …

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Ndls Communicator: Week Of 09.05.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nell Jessup Newton returns to ND Law after serving as interim law dean at Miami and Wake Forest
• ND Law Professor Derek Muller elected to American Law Institute
• In his chapter for his upcoming book "Methodology in Private Law Theory, Paul Miller examines the relationship between formalist interpretive methodology and ideals of legality and the rule of law.
• Sam Bray has written a new chapter for the upcoming work "Interstitial Private Law" set to be released later this year. Bray's chapter examines the history and current state of the "equity will not" doctrines in law.
• Should religious …

Mmu: 09/04/23–09/10/23, Student Bar Association

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An Introduction To Personal Growth Bets: Using Contract Law To Lose Weight And Quit Smoking, Max Raskin, Jack Millman

Notre Dame Journal on Emerging Technologies

Self-improvement is hard. Whether losing weight or quitting smoking, individuals have a difficult time honoring their commitments, especially if the only person they are disappointing is themselves. In this Article, we introduce a new legal mechanism for incentivizing personal growth. We describe this mechanism as a personal growth contract, which allows an individual to make an enforceable agreement with either a counterparty or himself with the aim of self-improvement. We propose the use of smart contracts to help execute unilateral personal growth contracts. Our conclusion is that personal growth contracts should be presumptively legal, provided they do not violate some …

The Code Of Life And Death, Braden R. Leach

Notre Dame Journal on Emerging Technologies

Biotechnology is advancing at an astonishing clip, but our safeguards are decades behind. Given new technologies and economies of scale, it is possible for nefarious actors to assemble deadly viruses from scratch using synthetic DNA ordered off the internet. The Select Agents statute helps to prevent malicious actors from acquiring dangerous pathogens, but the Department of Health and Human Services has interpreted it to not cover synthetic DNA. Recognizing the gap, HHS issued guidance recommending that gene synthesis companies verify their customers to ensure their legitimacy and screen genetic sequences for matches to pathogen sequences. Unsurprisingly, voluntary guidance has not …

The High Cost Of Pharmaceutical Acquisitions: Increasing Social Welfare Or Furthering Inequality?, Timothy J. Haltermann

Notre Dame Journal on Emerging Technologies

This note will argue that government and regulatory authorities should focus on easing access to downstream innovation by broadening research exemptions to patent infringement. Part I of this note will focus on the current state of patent protection and exclusivity afforded to pharmaceutical companies. Part II will discuss incentives created that lead rational actors to engage in M&A instead of through internal R&D. Part III will address the development of innovation as a standalone theory of harm in merger review, and the fallacies associated with labeling certain transactions as “killer acquisitions.” Finally, Part IV of the note will look at …

A Sleeping Giant: Mhelath Applications, The Gdpr, And The Need For Federal Privacy Regulation In The United States, Kali Peeples

Notre Dame Journal on Emerging Technologies

An analysis of privacy regulation concerning mHealth apps is a multifaceted process that requires the examination of changes within not only the healthcare space but also the technological world, as well as the legislative history and intent of various nations.The main issue being addressed in this paper is whether the United States should create nationwide legislation that directly relates to mHealth data protection or continue with a self-regulatory method. Part I focuses on the development and rapid creation of mHealth apps within the past decade. Part II seeks to illustrate the distinct privacy concerns of mHealth apps by concentrating on …

The Price Of Competition: Analyzing Anticompetitive Tactics In Pharmaceutical Markets During The Hatch-Waxman Era, William Ulrich

Notre Dame Journal on Emerging Technologies

Pharmaceutical manufacturers can delay the generic entry for a blockbuster drug. In order to keep the generic system on track, it is critical to expose the various avenues of generic delay. Part I of this Note briefly describes the generic entry process as prescribed by the Hatch-Waxman Act. Part II details four well-known tactics used by brand-name manufacturers to block or delay the entry of generic competition, highlighting how the tactics are successful. Part III concludes by examining the nature of the various problems and arguing that the first step towards ending the different forms of anticompetitive behavior is through …

Ndls Communicator: Week Of 08.28.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Judge Kenneth Ripple transitions to emeritus status after 46 years of teaching ND Law students
• ND Law’s Exoneration Justice Clinic welcomes law students and undergraduates as 2023 summer interns
• Paul Miller has published a chapter, "Fiduciary Liability and Business Judgment" in the The Research Handbook on Corporate Liability by Martin Petrin and Christian Witting.
• Jimmy Gurulé was on Bloomberg Law podcast, “Trump and 18 Allies Charged in Georgia RICO Indictment."
• Derek Muller discussed the Supreme Court decision in Moore v. Harper on CPAN's Washington Journal.
• Rick Garnett was one of the First Amendment experts who filed an …

Mmu: 08/28/23–09/03/23, Student Bar Association

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