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Mmu: 09/25/23–10/01/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

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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: 09/18/23–09/24/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

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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, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

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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, Notre Dame Law School, Student Bar Association

Monday Morning Update

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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, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

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Mmu: 08/21/23–08/27/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

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Ndls Communicator: Week Of 08.21.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Eight new faculty members are joining Notre Dame Law School for the 2023-24 academic year.
• They include: Professor of Law Derek Muller, Associate Professor of Law Michael Francus, Associate Professor of Law Rev. Patrick Reidy, C.S.C., and Visiting Assistant Professor of Law Jorge Barrera-Rojas.
• Associate Teaching Professor Kari Gallagher, Associate Teaching Professor Jacqueline Carney, and Associate Teaching Professor Kristina Swanson are new faculty in the Legal Writing Program.
• Michael Greenlee has joined the faculty as associate director of the Kresge Law Library.
• Congratulations to Stefan McDaniel on being appointed an associate professor of law. He has served …

Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar

Journal Articles

A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.

Ndls Communicator: Week Of 08.14.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nicole Garnett wrote “The School-Choice Moment" for the National Review.
• Jimmy Gurulé was on Bloomberg Sound On podcast, “Indictment Watch."
• Life News column cited a paper by John Finnis, “We need to ‘completely end abortion’ and ‘make it unthinkable and illegal."
• Lloyd Mayer was quoted by Orlando Sentinel, in the article, “Amesty leaves trail of falsehoods, unpaid taxes and bills, records show.”
• Christian Burset hosted a conference last week on English Legal History at the London Global Gateway. David Waddilove and Matthew Dyson were also two of the conference participants.
• Butterworth's Journal of International Banking and Financial …

Ndls Communicator: Week Of 08.07.23, Notre Dame Law School

NDLS Communicator

The Latest News

• The Religious Liberty Initiative and Brigham Young University’s International Center for Law and Religion Studies recently hosted a conference at the University of Oxford.
• Emily Bremer has been appointed a Senior Fellow of the Administrative Conference of the United States (ACUS), an independent federal agency that provides authoritative, nonpartisan legal advice on administrative law and federal regulatory procedures.
• Mary Ellen O'Connell was on “Background Briefing with Ian Masters” podcast.
• Nicole Garnett reviewed “Sacred Easements,” a forthcoming paper in the Virginia Law Review written by new faculty member Rev. Patrick Reidy, C.S.C.
• Jimmy Gurulé was quoted about the …

Joint Statement On Students For Fair Admissions, Asian Pacific American Law Students Association, Black Law Students Association, Hispanic Law Student Association, Lgbt Law Forum, Health Law Society, First Generation Professionals, National Lawyers Guild, American Constitution Society

DEI Resources

Last month the Supreme Court struck down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, a decision that will tangibly affect millions of lives both now and far into the future.

Several groups of law students from Notre Dame Law School express their beliefs in opposition to the Supreme Court's decision. "Everyone benefits from inclusion and diversity, and ensuring inclusion and diversity in our law school is all of our responsibility."

Ndls Communicator: Week Of 07.24.23, Notre Dame Law School

NDLS Communicator

The Latest News

• 2023 Notre Dame Religious Liberty Summit Protecting Religious Liberty in a Rapidly Evolving Society
• ND Law’s Exoneration Justice Clinic hosts two interns from Strathmore Law School in Kenya
• ND Law Dean G. Marcus Cole included on list of Indiana’s most influential leaders
• Bruce Huber was quoted in the Washington Post article, "How a tree dispute between New Jersey neighbors took over the internet."
• Christian Burset wrote a blog post for Yale Journal on Regulation that compares the Major Questions Doctrine to 18th-century approaches to identifying the limits of executive authority.
• Paul Miller, along with Thilo Kuntz from …

Nd Law Dean G. Marcus Cole Included On List Of Indiana’S Most Influential Leaders, Notre Dame Law School

2019–Present: G. Marcus Cole

IBJ Media — the parent company of the Indianapolis Business Journal, Inside INdiana Business, and Indiana Lawyer — published its second annual Indiana 250 list of the state’s most influential leaders today.

G. Marcus Cole, the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School, was among those recognized.

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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.

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2023 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Welcome Remarks, Marcus Cole

2019–Present: G. Marcus Cole

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

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Ndls Communicator: Week Of 07.10.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Religious Liberty Summit
• Notre Dame Law School grants tenure to four professors
• ND Law Professors Samuel Bray and Paul Miller cited in U.S. Supreme Court opinion
• Cohen's Handbook of Federal Indian Law, a treatise edited by Nell Newton, was cited several times in opinions issued on June 22 in Arizona v. Navajo Nation, a case in which the Supreme Court determined that the 1868 Treaty of Bosque Redondo did not require the federal government to take affirmative steps to secure water for the Navajo Nation.
• Professor Paolo Carozza delivers keynote lecture at Pontifical Catholic University …

Międzynarodowe Konsorcjum Katolickich Szkół Prawniczych Na Kul | Kul, John Paul Ii Catholic University Of Lublin, Marcus Cole

2019–Present: G. Marcus Cole

Jun 23, 2023

Brief statements made by Dr. Habiol. Andrzej Herbet, The Faculty of Law, Canon Law and Administration and Associate Professor and Chair of the Department of Commercial Law, The John Paul II Catholic University of Lubin, and G. Marcus Cole, Dean, and Professor of Law, University of Notre Dame Law School.

Na KUL odbywa się międzynarodowe Konsorcjum Katolickich Szkół Prawniczych. Pomysłodawcą i głównym organizatorem wydarzenia jest University of Notre Dame. Spotkanie ma charakter inauguracyjny, konstytuujący Konsorcjum. Podczas sesji naukowcy - prawnicy dzielą się spostrzeżeniami na temat funkcjonowania kierunku prawo na katolickich uczelniach, zastanawiają się nad celami instytucjonalnymi oraz …

Ndls Communicator: Week Of 06.19.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ‘Off the Court’: ND Law hosts event in New York City with Muffet McGraw and Coquese Washington ’97 J.D.
• Notre Dame Law School announce the highest academic honors for the Class of 2023
• ND Law alumna Lenora Popken ’20 J.D. joins the Law School’s Exoneration Justice Clinic as legal fellow
• Three members of the Notre Dame Law School faculty — A.J. Bellia, Samuel Bray, and Nell Jessup Newton — were cited in Supreme Court opinions issued yesterday.
• Paul Miller has published a new paper, "Formalism, Legality, and the Rule of Law.," the latest chapter in a series …

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.

Ndls Communicator: Week Of 06.05.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Lloyd Mayer discussed the federal tax rules for churches and politics in a Daily Beast article.
• Francisco Urbina presented a paper, "The Force of Separation of Powers," at the Public Law Discussion Group at the University of Oxford last week.
• Diane Desierto spoke last week at the U.S. Naval War College conference, “International Law and Conflict at Sea.” She discussed China’s exclusionary assertions of marine environmental protection jurisdiction in the South China Sea.
• Rick Garnett and Sherif Girgis participated in a interdisciplinary workshop on law, religion, and equality last week at the University of Oxford.
• The Religious …

Remarks At Notre Dame Law School, Brett M. Kavanaugh

Notre Dame Law Review

During the Notre Dame Law Review’s 2023 Federal Courts Symposium, students and faculty gathered in the McCartan Courtroom in Eck Hall for a conversation with Justice Kavanaugh. Dean G. Marcus Cole moderated and fielded questions from attendees. Highlights from the event, adapted for print, are reproduced below. Questions and responses have been lightly edited for readability and clarity.

The Administrative Procedure Act: Failures, Successes, And Danger Ahead, Emily S. Bremer

Notre Dame Law Review

The Administrative Procedure Act (APA) is a profoundly important statute, operating as the superstatute backbone for the modern administrative state. This Essay argues that, although the APA deserves to be held in high regard, its procedural provisions have had more mixed success than is commonly acknowledged. These procedural provisions govern agency adjudication and rulemaking and, in both contexts, were designed to establish minimum procedural requirements that would apply uniformly across administrative agencies. Drawing on the extensive research that informed the APA's drafting, this Essay argues that the APA has failed to achieve its goal in adjudication, but has succeeded spectacularly …

The Path Of Administrative Law Remedies, Aditya Bamzai

Notre Dame Law Review

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed to setting aside the rule solely as to the plaintiffs—is a significant and contested one. This Essay traces the history of the statutory term “set aside” from its origins in the 1906 passage of the Hepburn Act to its 1946 placement in the APA. During this era, Congress repeatedly used the term “set aside” in agency review statutes. This Essay argues that, in doing so, Congress did not intend to depart from the underlying remedial framework created …

Making Sense Of Absence: Interpreting The Apa’S Failure To Provide For Court Review Of Presidential Administration, Noah A. Rosenblum

Notre Dame Law Review

Federal governance is increasingly characterized by presidential direction of administration. Yet the main statute that governs court review of administrative action, the Administrative Procedure Act, has strikingly little to say about the President.

This Essay seeks to make sense of this absence. It uses a brief survey of historical materials from the new Bremer-Kovacs Collection to sound the depths of the Administrative Procedure Act’s silence on the President. It then seeks to explain this omission by reference to contemporaneous discussions of the place of the president in the administrative state. The Essay hypothesizes that, at the time, the presidency was …

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 …