Law Commons^™

Mmu: 09/06/21–09/12/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Note to 1Ls

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Jazmyn Ferguson

2Ls Taking Ls: Noah Rosenberg

Ask a 3L: Melat Kiros

Brief Of Amici Curiae Benedictine College And Franciscan University Of Steubenville In Support Of Petitioners, Richard W. Garnett Iv, Nicole Stelle Garnett, John A. Meiser

Court Briefs

No. 21-145
Gordon College v. Margaret DeWeese-Boyd

On Petition for Writ of Certiorari to the Supreme Judicial Court of Massachusetts

From the Summary of Argument

This Court should grant certiorari to make clear that the First Amendment guarantees religious colleges and universities the same vital protections that safeguard a religious grade school’s freedom to select the teachers who personify and teach its faith. Despite this Court’s recent admonition that such protections apply to a religious school’s selection of “any ‘employee’ . . . who serves as a messenger or teacher of its faith,” Our Lady of Guadalupe Sch. v. …

Notre Dame Lawyer Connect: September 2021, Notre Dame Law School

Notre Dame Lawyers Connect

Big summer for Exoneration Justice Clinic

Supreme Court at ND:

• Justice Clarence Thomas delivers Tocqueville Lecture
• Justice Amy Coney Barrett teaches course on statutory interpretation at ND Law

Class of 2024: 1L class is most diverse in ND Law history

ND Law welcomes new faculty

Moot Court Alumni Database

ND Lawyers prosecuting R. Kelly: Maria Cruz Melendez ’06 J.D.

Alumni Notes:

• Tia Paulette ’18 J.D. named to Domer Dozen
• Nicholas Danella
• Elizabeth Wolford
• Thomas McHugh

Mmu: 08/30/21–09/05/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Note to 1Ls

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Aly Arencibia

2Ls Taking Ls: Malcolm Chaka

Ask a 3L: Saiful Islam

Ndls Communicator: Week Of 08.30.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School welcomes new faculty for 2021-22 school year
• Podcast: Proving Innocence
• Mary Ellen O'Connell participates in panel, "The Fall of Afghanistan"
• Emily Bremer's article reviewed in Jotwell
• Judy Fox on WVPE about St. Joseph County housing and eviction crisis
• Diane Desierto will speak at Korea Global Forum for Peace
• U.S. Court of Appeals for the Fifth Circuit quotes Carter Snead in major decision
• Rick Garnett: Must Churches be Democratic?

Student News

• Welcome New LL.M. and Exchange Students
• Green Bridge Growers Service Project

Alumni News: Pier Paolo Pigozzi ’10 LL.M., ’20 J.S.D. interviewed on Paraguay’s …

Mmu: 08/23/21–08/29/21, Student Bar Association

Monday Morning Update

Welcome Back

This Week @ NDLS

General Announcements

Note to 1Ls

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: William Golden

2Ls Taking Ls: Davis Lovvorn

Ask a 3L: Stephanie Wong

Ndls Communicator: Week Of 08.23.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Mary Ellen O'Connell shares expertise about War on Terror
• Mary Ellen spoke with PolitiFact
• Nell Jessup Newton to serve as interim dean at University of Miami School of Law
• Paul Miller publishes paper
• Carter Snead quoted in decision by the 5th Circuit Court of Appeals
• Judy Fox quoted in South Bend Tribune

Student News

• Exoneration Justice Clinic’s summer interns provide valuable contributions
• Students participate in service projects during Welcome Week

Alumni News: Congratulations to Patrick A. Salvi II ’07 J.D. on being named the 2022 Best Lawyers, “Lawyer of the Year” for the category Medical Malpractice Law …

Story Time: The Complete Collection, Kevin Doyle O'Rear

Books

CONTENTS

• A Frolic and Detour
• Descent Into Madness
• First Woman
• A Very Brave Boy
• Golden Dome
• Trip the Light Fantastic
• The Rich Bachelor
• The Dock Walloper
• Shawshank Anticipation
• Faculty Behaving Oddly
• Frozen
• ND Law at 150 - Hold On To Your Hats
• Sex, Lies, and Affidavits
• Sex, Lies, and Affidavits: The Sequel

Ndls Communicator: Week Of 08.16.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Julian Velasco: Fiduciary Judgment Rules
• Diane Desierto quoted by Rappler
• Mary Ellen O'Connor on Indus News
• Building a More Inclusive NDLS: Personal Reflection: Veronica Root Martinez
• Jimmy Gurulé talks to Bloomberg
• Carter Snead on EWTN
• Rick Garnett guest on USCCB podcast

Faculty News

• Diane Desierto spoke on August 10 at the University of the Philippines on the PH Supreme Court decision, Cayetano v Pangilinan, and the pending request of the ICC Prosecutor to the Court to authorize an investigation under Article 15 of the Rome Statute.
• Ed Edmonds was a member of a Society of American Baseball …

Ndls Communicator: Week Of 08.09.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Law faculty members file three amicus briefs in Dobbs v. Jackson Women’s Health Organization
• Report co-produced by ND Law’s Economic Justice Clinic highlights looming eviction crisis and how Indiana courts can help
• Andy Royer, the Exoneration Clinic's first exoneree, has been officially added to the National Exoneration Registry
• Jimmy Gurulé talks to Bloomberg and quoted by USA Today
• Call for Papers: Law and Economics of the VIEW REGISTRY HERE Digital Transformation

Student News

• Notre Dame Law JSD student wins important parental rights case before the Chilean Constitutional Tribunal
• Congratulations to 3L Stephanie Wong

Around the Watercooler: Happy …

Brief Of Amicus Curiae Ethics And Public Policy Center In Support Of Petitioners And Reversal, Richard W. Garnett, Charles J. Cooper, Peter A. Patterson, Brian W. Barnes, John D. Ohlendorf

Court Briefs

No. 19-1392
Thomas E. Dobbs v. Jackson Women's Health Organization

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Introduction and Summary of the Argument

By the narrowest of margins, this Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992), refused to overrule Roe—not because it thought Roe was correct, but because it thought Roe must endure as a matter of stare decisis. But 30 years later it has become clear that Casey, too, was egregiously wrong, for each one of the stare decisis factors cited by …

Ndls Communicator: Week Of 07.26.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Judge dismisses murder charge against Exoneration Justice Clinic client Andy Royer
• Bruce Huber part of the faculty that mobilized to meet the pope’s call to care for our common home
• Notre Dame Prize for Religious Liberty recipient Nury Turkel writes an op-ed for USA Today
• Asma Uddin's observations of the Religious Liberty Summit in her article in Real Clear Religion
• Rick Garnett wrote an article for the Berkley Forum
• Patrick Corrigan quoted by Yahoo Finance
• Stephanie Barclay's Harvard Law Review article discussed in The Regulatory Review

Faculty News

• Nicole Garnett joined Kathy Mears on the NCEA podcast …

Ndls Communicator: Week Of 07.12.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Carter Snead's book wins research award
• Supreme Court agrees to hear Carson v. Makin
• Veronica Root Martinez authors chapters in the Cambridge Handbook of Compliance
• Lloyd Mayer quoted by NPR's Nina Totenberg and wrote an article for Law 360
• Roger Alford co-authors article for CATO Institute and quoted by Wired
• Sam Bray testifies on Supreme Court case selection
• Stephanie Barclay interviewed by Crux
• Notre Dame Law Review Essays: Building a More Inclusive Notre Dame Law School

Student News: Winners of 2021 Smith-Doheny Legal Ethics Writing Competition announced

Faculty News: Felicia Caponigri participated in the International Society of …

2021 Religious Liberty Summit Gala: Dean Marcus Cole's Remarks On The Religious Liberty Initiative, Marcus Cole

2019–Present: G. Marcus Cole

Learn more about Notre Dame Law School's Religious Liberty Initiative at https://religiousliberty.nd.edu/

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Notre Dame Journal on Emerging Technologies

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

Charting The Skies: Where Does Facial Recognition Technology "Fit" In The Data Privacy Cosmos?, Steven D. Zansberg

Notre Dame Journal on Emerging Technologies

What I offer below is a theoretical framework for evaluating competing societal interests: the value our society assigns to the free-flow of information to the public, including highly sophisticated computergenerated analyses of gargantuan data sets—information that helps inform better individual and collective decision-making; and on the other hand, the value we place on privacy even in the context of technological advances. One’s most personal actions and thoughts—what we type into search engines, which videos we watch, for how long or how often, which books or articles we read, with whom we communicate and the contents of those communications—should not be …

Note: The "Border" Of Constitutional Electronic Privacy Rights: Electronic Searches And Seizures At The United States' Territorial Limits, Ryan Garippo

Notre Dame Journal on Emerging Technologies

In the recent challenge brought before the First Circuit, the court was not required to directly answer what level of particularized suspicion is required for a forensic search. Although, its holding is consistent with the jurisprudence set forth by both the Fourth and Eleventh Circuits. Furthermore, it is important to note that there have been legal challenges brought on this issue in the Fifth, Seventh, and Tenth Circuits. However, in each of these cases, the court chose not to decide the constitutional question because it was not outcome determinative for the litigants in question. This disagreement between the federal circuit …

Covid-19 Sewage Testing As A Police Surveillance Infrastructure, Elizabeth E. Joh

Notre Dame Journal on Emerging Technologies

This essay argues that sewage testing will outlive the pandemic and become a part of a general policing surveillance infrastructure. We risk adopting this surveillance method without taking care to assess the legal and policy questions raised by its use. Wastewater can provide early clues not just for COVID-19 outbreaks, but also for the presence (and assumed use) of opioids, methamphetamines, and other illegal drugs. Sewage testing at the University of California, San Diego, recently led to an alert that an infected person was “someone who used a restroom [at a specified residence hall] from 6 a.m. and 9:30 a.m. …

Note: Home-Sharing, Ride-Sharing, And Data-Sharing: Fourth Amendment Hurdles For Local Governance Of The Sharing Economy, Matthew J. Disler

Notre Dame Journal on Emerging Technologies

Cities’ attempts to regulate the sharing economy reveal a conflict between local governance interests and Fourth Amendment doctrine. Although sharing economy industries present local problems, from housing affordability and land-use regulations to traffic congestion and sidewalk safety, cities attempt to effectuate their policies through data reporting requirements that are vulnerable to Fourth Amendment challenge. Businesses have successfully argued that cities’ reporting requirements are unconstitutional searches because they have an unreasonably broad scope and lack an opportunity for pre-compliance review. This Article argues that this impasse results from recent developments that have lent additional confusion to the Fourth Amendment’s administrative search …

Note: Facial Recognition Technology And The Constitution, Mark Simonitis

Notre Dame Journal on Emerging Technologies

Over the past several years, we have seen an increase in the adoption and use of facial recognition technology (FRT). Both private corporations and government organizations have increasingly used this technology over the past several years, and law enforcement agencies have been just as eager to utilize FRT in their operations. The potential uses for this technology in a law enforcement capacity are numerous. For example, FRT could be used to identify criminals whose faces were caught on surveillance footage, or it could be used to help identify citizens during border crossings. However, it is easy to imagine how an …

Brief For Professors Mary Ann Glendon And O. Carter Snead As Amici Curiae In Support Of Petitioners, Heather Gebelin Hacker, O. Carter Snead

Court Briefs

No. 19-1392
Thomas E. Dobbs v. Jackson Women's Health Organization

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

Mississippi’s 2018 Gestational Age Act, which prohibits abortions after 15 weeks gestational development (with exceptions for medical emergency or fetal abnormality) is quite modest in impact, more permissive than the vast majority of the laws on abortion around the world (including in all but three European nations), and appears to be broadly popular. But it seems to clearly violate the Supreme Court-made law of abortion, which forbids the State from …

Notre Dame Lawyers Connect: Summer 2021, Notre Dame Law School

Notre Dame Lawyers Connect

Faith leaders and scholars gather for inaugural ND Religious Liberty Summit

Alumni return to the Law School:

• Sean B. Seymore ’01 Ph.D, ’06 J.D.
• John Meiser ’07, ’10 J.D.
• Kevin Murphy ’14 J.D.

Diversity & Inclusion: Law Review publishes essay collection on ‘building a more inclusive ND Law’

ND Law Association: New NDLA president and board members

Homecoming: Save the Date

In Memoriam: Professor Emeritus J. Eric Smithburn

Alumni Notes:

• Rev. Gerard Olinger, C.S.C., appointed to be ND’s vice president for student affairs
• Julia Dayton Klein
• Matthew Bradley

Anticompetition In Buying And Selling Homes, Roger P. Alford, Benjamin H. Harris

Journal Articles

Developments in the real estate industry are slowly eroding the National Association of Realtor’s dominant market position. New entrants provide alternative avenues for consumers to buy homes, reducing the dependence on the existing system. These innovations have slowly chipped away at realtor commissions. In addition, consumers have brought class action suits in federal court to challenge the NAR’s practices. These suggest a trend toward greater competition, but they are not enough; without enforcement or regulatory action, widespread threats to competition will continue.

Informal And Formal Adjudication: Consecutive Stages, Not Alternative Modes, Emily S. Bremer

Journal Articles

Here I will suggest to you that the Administrative Procedure Act’s long tenure and deep familiarity have allowed administrative law to forget an essential concept upon which the statute was predicated. Rediscovering that concept sheds welcome light on the APA’s adjudication provisions.

Testimony Before The Presidential Commission On The Supreme Court Of The United States “Case Selection And Review At The Supreme Court”, Samuel Bray

Congressional Testimony

From the Introduction:

Two facts about case selection should be in our minds. The first fact is that the Supreme Court takes far fewer cases than it used to, say 100 years ago, before Congress expanded the use of the certiorari process; or even 50 years ago, when the Court granted certiorari far more often. The second fact is that the Supreme Court is now more likely to issue high-profile orders in cases that it has not fully “taken,” cases in which it has not granted a petition for a writ of certiorari. Putting these two facts together, we can …

Ndls Communicator: Week Of 06.28.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School hosts Religious Liberty Summit
• Nury Turkel receives first Notre Dame Prize for Religious Liberty
• In Memoriam: Professor J. Eric Smithburn
• Supreme Court cites four Notre Dame Law professors in one day
• Professor Diane Desierto to lead the NDLaw’s human rights program
• Exoneration Justice Clinichires Kevin Murphy ’14 J.D.as first staff attorney
• Sam Bray to testify before Presidential Commission on theSupreme Court
• Rick Garnett quoted in the news about Fulton Supreme Court case
• Perspective: Why constitutional originalism is not partisan
• Carter Snead interviewed in Wall Street Journal

Student News: ND Law doctoral student elected …

Masthead, Jounral Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Fon Bisalbutr

Notre Dame Journal of International & Comparative Law

No abstract provided.

Liability And Emerging Digital Technologies: An Eu Perspective, Maria L. Montagnani, Mirta Cavallo

Notre Dame Journal of International & Comparative Law

No abstract provided.

Why The 2020 U.S.-China Trade Agreement Needs Anticorruption Provisions For The Protection Of Intellectual Property, Daniel C.K. Chow

Notre Dame Journal of International & Comparative Law

No abstract provided.