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Habeas Corpus And Void Judgments, David Kinnaird

Notre Dame Law Review

In a string of recent opinions, Justice Gorsuch and Justice Thomas have posited that postconviction relief upon a writ of habeas corpus was historically unavailable except where the judgment of conviction was issued by a court lacking jurisdiction. In light of this history, Justices Gorsuch and Thomas have argued for a reconsideration of the modern scope of the writ, which generally allows for relitigation of alleged constitutional error in the course of criminal trial.

This Article argues that Justices Gorsuch and Thomas have the history half right. They are correct to assert that a valid judgment of conviction was a …

Give Parents The Vote, Joshua Kleinfeld, Stephen E. Sachs

Notre Dame Law Review

Many of America’s most significant policy problems, from failing schools to the aftershocks of COVID shutdowns to national debt to climate change, share a common factor: the weak political power of children. Children are twenty-three percent of all citizens; they have distinct interests; and they already count for electoral districting. But because they lack the maturity to vote for themselves, their interests don’t count proportionally at the polls. The result is policy that observably disserves children’s interests and violates a deep principle of democratic fairness: that citizens, through voting, can make political power respond to their interests.

Yet there’s a …

Give Young Adults The Vote, Nicholas O. Stephanopoulos

Notre Dame Law Review

Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and defending parental proxy voting: empowering parents to vote on their children’s behalf. The authors’ democratic critique of the status quo is particularly persuasive. Children’s exclusion from the franchise indeed distorts public policies by omitting children’s preferences from the set that policymakers consider. However, Kleinfeld and Sachs’s proposal wouldn’t do enough to correct this distortion. This is because contemporary parents diverge politically from their children, holding, on average, substantially more conservative views. The proxy votes that parents cast for their children would thus …

What Is Voting For?, Joshua Kleinfeld, Stephen E. Sachs

Notre Dame Law Review

Responding to these views requires some reflection on the nature of voting and parenting both. At root, Stephanopoulos and Fishkin don’t think parents are the right people to represent their children politically, and we do. We unpack these theoretical differences as to both voting and parenting in Part I. In Part II, we address Stephanopoulos’s and Fishkin’s concrete policy proposals.

A last note: While our response below naturally focuses on points of disagreement, as that is the way of these things, that focus shouldn’t detract from the crucial fact that all four of us—from different political perspectives—think the status quo …

Appropriations By Any Other Name: The Illegality And Unconstitutionality Of Supplemental Environmental Projects, Andrew Olson

Notre Dame Law Review

This Note fleshes out the history of SEPs and the recent arguments against them. First, Part I traces the history of SEPs, from the early use of third-party payments, through the development of formal policies governing SEPs, to the Trump and Biden administrations’ dueling approaches to them. Then Part II explains what’s wrong with SEPs. Expanding on the arguments made in the various Justice Department memoranda, this Note argues that SEPs contravene both the Miscellaneous Receipts Act (MRA) and the Antideficiency Act (ADA). Next, the Note argues that while their illegality might be remedied by statute, SEPs also present deeper—and …

Mmu: 10/27/25-11/02/25, Student Bar Association

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Ndls Communicator: Week Of 10.27.25, Notre Dame Law School

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The Latest News

• Notre Dame Law School names 2025-26 Murphy Fellows
• Notre Dame Law School names inaugural Kopko Family Law Fellows
• J.S.D. candidates Nicolás Buitrago-Rey and Juan Carlos Gazmuri conduct research on democracy and human rights at the Max Planck Institute

Faculty Briefs

• Marcus Cole
• Nicole Garnett
• Fr. Pat Reidy
• Mary Ellen O'Connell
• Sherif Girgis
• Haley Proctor
• Rick Garnett
• Kimberly Orr
• Emily Bremer
• Paolo Carozza
• Diane Desierto
• Susan Azyndar
• Lloyd Mayer
• Derek Muller
• Jimmy Gurule
• Mark Hill KC

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• Law and Economic Seminar
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Around …

Brief Of Amicus Curiae Lindsay And Matt Moroun Religious Liberty Clinic In Support Of Plaintiff-Appellant, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 25-5641
Roderick E. Theis, II v. InterMountain Education Service District Board of Directors

On Appeal from the United States District Court for the District of Oregon
No. 2:25-cv-00865-HL

From the Introduction

The First Amendment promises religious believers, of all faiths, the right “to participate on equal terms” in public life. Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 852–53 (1995) (Thomas, J., concurring). The Supreme Court has repeatedly rejected the idea that individuals sacrifice those rights by accepting government employment. See, e.g., Pickering v. Bd. of Educ. of Twp. High Sch. Dist. 205, …

Mmu: 10/13/25-10/19/25, Student Bar Association

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Ndls Communicator: Week Of 10.13.25, Notre Dame Law School

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• Lady Chief Justice of Northern Ireland Siobhan Keegan talks about life and the law at Notre Dame
• Wrongful Conviction Day
• Annual Red Mass
• Notre Dame Law Students Assist with UN Report on Religious Freedom for People on the Move

Faculty Briefs

• Nicole Garnett
• Patrick Corrigan
• Roger Alford
• Mary Ellen O'Connell
• Jen McAward
• Haley Proctor
• Rick Garnett
• Derek Muller
• Gerard Bradley

ND Law in the News

• The Law School's recent panel, "How Does Catholic Social Teaching Animate Human Rights in Africa," was mentioned in Irish Legal Network's Rights Watch. Events

Events

• Law and Economics Workshop
• SCOTUS Term Preview …

Mmu: 10/06/25-10/12/25, Student Bar Association

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Ndls Communicator: Week Of 10.06.25, Notre Dame Law School

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• Faculty profile: Professor Mary Ellen O'Connell, globally influential scholar of international law and peace
• Panel explores Catholic Social Teaching and human rights in Africa

Faculty Briefs

• Nicole Garnett
• Sadie Blanchard
• Patrick Corrigan
• Roger Alford
• Mary Ellen O'Connell
• Christine Venter
• Paolo Carozza
• Avishalom Tor
• Emily Bremer
• Fr. John Paul Kimes
• Derek Muller
• Judy Fox
• Gerard Bradley

ND Law in the News

• Notre Dame Law School's partnership with Harvey AI was featured in a Law360 article.

Student News

• Third-year law student Dennis Weiboldt III wrote an article for First Things Magazine about the Red Mass

Events

• Law and Economics …

Rule Or Reason? The Role Of Balancing In Antitrust Law, Michael A. Carrier, Mark A. Lemley

Notre Dame Law Review Reflection

In this Essay, we argue that the proper test for antitrust’s rule of reason is a four-step, burden-shifting framework that ends with a balancing of the likely harms and benefits of particular conduct. One reason balancing has become rare even in circuits that permit it is that it seems hard. Antitrust is shot through with economic theory and evidence, and courts aren’t experts in economics. So they tend to look for shortcuts that allow them to resolve the case without having to apply that economic evidence to assess the likely net effect of a defendant’s conduct. But those shortcuts themselves …

Structurally Harmless: Why Brecht Should Apply On Collateral Review Of Structural Errors, Jaden M. Lessnick

Notre Dame Law Review Reflection

Even when a prisoner has overcome all of AEDPA’s requirements and the Supreme Court’s equitable bars to relief, the writ of habeas corpus may issue only as “law and justice” require. The Court has recognized in recent Terms that the habeas statute thus confers on courts discretion to deny relief notwithstanding the satisfactions of the statutory and equitable preconditions. This discretion, the Court has said, is not boundless. A judge may grant the writ only after considering the principles of finality and federalism. Whatever else that includes, the Supreme Court has made clear that a judge must apply Brecht’s …

Uniformity, Loper Bright, And The National Labor Relations Board: Can The Board’S Nonacquiescence Policy Survive In A Post-Chevron World?, Alexander Macdonald

Notre Dame Law Review Reflection

As chairman of the National Labor Relations Board, Donald Dotson was nothing if not controversial. Though he headed the Board for five years, he was never shy about criticizing the Board’s practices. He often argued that the Board had skewed its policies toward organized labor and inserted itself in disputes best left to private negotiation. That criticism put him at odds with his fellow Board members and frequently landed him on the wrong side of divided opinions. Even members who shared his core philosophy sometimes shied away from joining his assaults on the Board itself.

So it was on September …

What Is Trump Immunity?, Carlos M. Vázquez

Notre Dame Law Review Reflection

By definition, the immunity of a former President is not an immunity ratione personae, as this sort of immunity applies only to current officeholders. It is an immunity ratione materiae extending only to certain types of acts. The Court in Trump made clear that the immunity a former President enjoys is at least an immunity from judicial proceedings. It is for this reason that she is entitled to an immediate appeal from the denial of a motion to dismiss the claim against her. The Court left unclear whether the President’s immunity is also an immunity from primary obligations or an …

The Best We Can Hope For: The Irony Of The Best Interest Standard, Alesondra Cruz

Notre Dame Law Review Reflection

Laws are often designed with an eye toward precision. Specific words are chosen, others deliberately removed, with each revision seeking to bring a rule closer to its intended purpose. Despite this deliberate process, even the most curated laws at times fail to serve their intended ends, and instead become sources of harm. This reality, unfortunate and unavoidable, is the irony of law.

This tension is particularly evident in the context of family law, where negative ramifications are felt personally and intimately, and in child custody cases, where the stakes are incredibly high. The best interest of the child standard was …

The Persistence Of The Unconstitutional Status/Use Distinction In Federal Grants To Religious Nonprofits, Nicole Stelle Garnett, Cameron Grinnell

Books

Manhattan Institute Memo

Mmu: 09/29/25–10/05/25, Student Bar Association

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Ndls Communicator: Week Of 09.29.25, Notre Dame Law School

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• Nicole Garnett
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• Tricia Bellia
• Lloyd Mayer
• Paolo Carozza
• Fr. John Paul Kimes
• Emily Bremer
• Carter Snead
• Jeff Pojanowski
• Derek Muller
• David McIlroy
• Avishalom Tor

ND Law in the News

• Notre Dame Law School's Exoneration Justice Clinic celebrated the one-year anniversary of Anthony Bedolla's exoneration and freedom.
• The newly established Salvi Family Mock Trial Fellowship was mentioned in a CBS42 article.

Events

• Law and Economics Workshop: Adi Leibovitch, Hebrew University of Jerusalem
• Judge Not: A Catholic Lawyer's Perspective with Julian Velasco
• Faculty Colloquium
• An Argument For Unsigned Shortened Supreme Court Opinions with Professor Meg Penrose, Texas A&M …

Mmu: 09/22/25–09/28/25, Student Bar Association

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Ndls Communicator: Week Of 09.22.25, Notre Dame Law School

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• Notre Dame Law School welcomes visiting faculty for 2025-26 academic year
• Salvi Family Gift empowers the next generation of trial lawyers at Notre Dame Law School
• Syl and Vicki Schieber Make Generous Gift to Fund Notre Dame Law School's Death Penalty Abolition Week
• Exoneration Justice Clinic victory: Jason Hubbell's 1999 murder conviction is vacated

Faculty Briefs

• Dean G. Marcus Cole
• Paolo Carozza
• Roger Alford
• Fr. John Paul Kimes, C.S.C.
• Mary Ellen O'Connell
• Rick Garnett
• Patrick Corrigan
• Emily Bremer
• Michael Kirsch
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ND Law featured in ND News Publications

• The Observer quoted John Meiser in a story …

Mmu: 09/15/25–09/21/25, Student Bar Association

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Ndls Communicator: Week Of 09.15.25, Notre Dame Law School

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• Notre Dame Law School welcomes four new clinical faculty members for 2025-26

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• Mary Ellen O'Connell
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• Derek Muller
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• Judith Fox
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ND Law in the News

• A judge vacated the conviction of Jason Hubbell and ordered a new trial to be held in October, largely due to the investigative work of the Exoneration Justice Clinic.
• The Dean's Initiative for Leadership and Scholarly Excellence was featured in The Indiana Lawyer and Inside Indiana Business.
• Dean Marcus Cole was mentioned in The Observer's coverage of changes to Notre Dame's Moreau First-Year …

Mmu: 09/08/25–09/14/25, Student Bar Association

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Volunteers Needed For The Red Mass, Michael Love

The Red Mass

In his weekly email to members of NDLS, St. Thomas More Society, Michael Love asks for Red Mass volunteers,

Ndls Communicator: Week Of 09.08.25, Notre Dame Law School

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• Notre Dame Law School to host Second ASLH Graduate Legal History Colloquium in 2025-2026
• Religious Liberty Clinic Represents Religious Communities and Organizations in Support of Religious Minorities’ Free Exercise of Religion in Prison
• Program on Law and Economics welcomes new fellows for academic year

Faculty Briefs

• Fr. John Paul Kimes
• Paolo Carozza
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• John Meiser
• Nicole Garnett
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ND Law in the News

• NDLS's partnership with Harvey AI was featured in stories by Law.com, Open Tools, and Law Fuel.

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• Law and Economics Workshop: Francesco Parisi, …

Privately Provided Equitable Services Root Out Unconstitutional “Secular, Neutral, And Nonideological” Restrictions From Education Law, Nicole Stelle Garnett, Sean Tehan

Books

Manhattan Institute Issue Brief

Responsible By Design: Strategic Guidance Report On The Risks, Opportunities, And Governance Of Artificial Intelligence In The Military Domain, The Global Commission On Responsible Artificial Intelligence In The Military Domain, Mary Ellen O'Connell

Books

The Strategic Guidance Report reflects the independent judgement and deliberations of the Chair and Commissioners of GC REAIM. While the Commissioners have drawn on the valuable insights of the GC REAIM Expert Advisory Group, whose contributions, including authored policy notes, have informed aspects of this report, the responsibility for the views, recommendations, and conclusions expressed herein rests solely with the Chair and Commissioners, and does not necessarily reflect the views of the Experts or their respective organizations. The Global Commission acknowledges with appreciation the essential role of the Expert Advisory Group in supporting rigorous, multidisciplinary dialogue throughout the process.

CHAIR: …

Bill Addressing Pope's Tax Issues As A U.S. Citizen Misses The Mark, Michael S. Kirsch

Journal Articles

From the Article

In this article, Kirsch looks at the language of the Holy Sovereignty Protection Act to consider whether it addresses and resolves various tax-related issues that arise from a U.S. citizen serving as pontiff, including income tax liability, the loss of a pontiff’s U.S. citizenship status, and the pope’s obligations for foreign bank account reporting.