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Mmu: 03/03/25–03/09/25, Student Bar Association

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Ndls Communicator: Week Of 03.03.25, Notre Dame Law School

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The Latest News

• Notre Dame Exoneration Justice Clinic students participate in post-conviction evidentiary hearing
• Notre Dame Law School announces the Kopko Family Law Fellowship for J.D. candidates pursuing public service and social justice
• Professor Raúl Madrid, a global distinguished visiting professor of law at Notre Dame Law School, and J.S.D. candidate María Paz Madrid San Martín have edited a new book in Spanish on K12 education. Published by Tirant Lo Blanch (Spain)
• Notre Dame Law School's Religious Liberty Clinic engages in Belize's constitutional review process

Student/Alumni News

• Two Notre Dame seniors, four alumni named to Forbes 30 Under 30 list …

Mmu: 02/24/25–03/02/25, Student Bar Association

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Ndls Communicator: Week Of 02.24.25, Notre Dame Law School

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• Notre Dame Law School launches Dean's Initiative for Leadership and Scholarly Excellence to support incoming J.D. students
• Law and Economics of Organizations: The 12th Law and Economics Conference

Faculty News and Briefs

• Jennifer Mason McAward authored “Understanding Brady Violations," forthcoming in the Vanderbilt Law Review.
• Jeff Pojanowski's article, "Faces of Formalism," was the download of the week on Lawrence Solum's Legal Theory Blog.
• Sam Bray was quoted in the CNN article, "Trump and allies celebrated court orders against Biden they now claim are 'tyrannical.'"
• Nicole Garnett was quoted in an article by The 74 about open enrollment …

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Notre Dame Law Review Reflection

Public international law primarily deals with the legal rights and duties of nations. But there is another body of international law—private international law—that seeks to coordinate private legal rights and duties in cases that straddle national borders or involve citizens of different countries.

This law has a long history. But it really took off with the expansion of travel, communication, and trade in the nineteenth century. And American courts played an outsized role in its development. Because the constituent states of the United States were, in large part, understood as retaining the sovereignty of nations, American courts took private …

Presidential Oversight Of Independent Agency Rulemaking: A Literature Review, Matthew R. Osuch

Notre Dame Law Review Reflection

Over the course of the last several decades, the role of the President vis-à-vis the administrative state has undergone a profound evolution. Central to this development is President Clinton’s Executive Order (EO) 12866, issued in 1993—a landmark directive that modernized and reinvigorated the process by which federal agencies promulgate significant regulations. Like his predecessors, President Clinton declined to extend EO 12866’s cost-benefit analysis and centralized review requirements to independent agency rulemakings. This Note provides a literature review of the competing perspectives regarding the legal permissibility and desirability of that choice and the choice of every President since to do the …

Registration As Consent: Patching Jarkesy's Hole In Sec Enforcement, Alexander I. Platt

Notre Dame Law Review Reflection

In SEC v. Jarkesy, the Supreme Court held that whenever the SEC seeks to impose monetary penalties on enforcement targets for securities fraud, it must proceed in federal court and not its own administrative forum. Many observers predict this will significantly impact SEC enforcement.

But not necessarily. A simple legal patch might repair the hole Jarkesy opened up: parties who register with the SEC may thereby consent to its administrative jurisdiction. (Because Jarkesy and the funds he managed were not registered, his case did not resolve the issue.)

This Essay shows how registration may constitute consent to SEC administrative …

Mmu: 02/17/25–02/23/25, Student Bar Association

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Ndls Communicator: Week Of 02.17.25, Notre Dame Law School

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• ND Law Global Human Rights Clinic advocates for human rights before United States International Trade Commission
• ND Law's Black Students Association celebrates Black History Month and the pursuit of justice
• Professor Jorge Barrera-Rojas defends dissertation to earn two doctoral degrees
• Notre Dame Law School's Religious Liberty Clinic secures asylum for Iranian Christian convert facing persecution

Faculty News and Briefs

• Paul Miller was cited in an important dissenting opinion by Justices Gordon, Edelman, and Steward of the High Court of Australia for his work on fiduciary obligations.
• This week, A.J. Bellia will speak on the legal implications of …

Mmu: 02/10/25–02/16/25, Student Bar Association

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Ndls Communicator: Week Of 02.10.25, Notre Dame Law School

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• Galilee Immersion Program: Exposing first-year law students to the impact of public interest law
• Dennis Wieboldt exemplifies success in Notre Dame Law School's dual degree program

Faculty News and Briefs

• Mary Ellen O'Connell appeared on DW News, where she spoke about President Trump's remarks about potential U.S. involvement in Gaza.
• Sam Bray was mentioned in a Daily Caller article about recent legal injunctions as a result of Trump administration executive orders.
• Rick Garnett was quoted about the meaning of separation of church and state in an NCR article about the St. Isidore of Seville Catholic Virtual School …

Mmu: 02/03/25–02/09/25, Student Bar Association

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Ndls Communicator: Week Of 02.03.25, Notre Dame Law School

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• Notre Dame Law School delegation to visit Strathmore Law School, the Constitutional Court of South Africa, and the University of Cape Town
• Justice Leona Theron reflects on 30 years of democracy in South Africa at Notre Dame Law School

Faculty News and Briefs

• Mary Ellen O'Connell has published "What Remains of Law Against War" in the Georgetown Law Journal.
• Sam Bray recently presented a chapter from his book project on equity and change at the North American Workshop on Private Law Theory, held this year at Berkeley.
• Last week, Rick Garnett spoke on the Separation of Church …

Brief For Religious Liberty Scholars In Support Of Petitioners, Mark S. Storslee, Kevin T. Baine, Richard S. Cleary Jr., Ian M. Swenson, Joshua A. Hanley, Richard W. Garnett

Court Briefs

No. 24-154
Catholic Charities Bureau, Inc. v. State of Wisconsin Labor and Industry Review Commission

On Petition for a Writ of Certiorari to the Supreme Court of the State of Wisconsin

From the Summary of Argument

The First Amendment’s Religion Clauses prohibit the government from answering religious questions or discriminating among religions. At a minimum, that means courts may not dole out protection to some religious groups but not others based on favored or supposedly ‘typical’ religious activities. When administering statutory exemptions whose beneficiaries are religious organizations, courts may not gainsay organizations’ sincere religious beliefs to impose their own view …

Crimes Of Violence And Violent Crime, Erin C. Blondel

Notre Dame Law Review

Why can’t federal law define “violence”? Major federal statutes turn on whether someone was convicted of a violent crime. But judges and scholars widely agree that the law defining violence is “chaos.” This Article treats the problem as one of statutory design and construction. What’s violent is a fact-based judgment call—it’s a standard meant to be interpreted case by case through factfinding and adjudication. But Supreme Court jurisprudence increasingly treats it like a rule, insisting that courts must define violence without the facts and discretion that would give that interpretation coherence across countless unique cases.

Chaos is not inevitable. Predicate …

Erie And Aggregate Settlement In Diversity Jurisdiction Suits, John D. Spengler Jr.

Notre Dame Law Review

Over the last decades, United States federal courts have sharply curtailed the ability of parties to reach a global resolution, including through voluntary settlement, in mass tort and similar class action lawsuits. As a result, the multidistrict litigation (MDL) statute continues to play an ever-increasing role in the resolution of these mass claims. Primarily, this is because the MDL process forgoes the more strenuous requirements for class certification under Federal Rules of Civil Procedure 23(a) and 23(b). In an MDL proceeding, the Judicial Panel on Multidistrict Litigation (JPML) can order individual cases, either sua sponte or on the request of …

In Defense Of The Major Questions Doctrine, Louis J. Capozzi Iii

Notre Dame Law Review

The major questions doctrine, which requires agencies claiming important powers to identify clear authority from Congress, is transforming administrative law. Breaking with recent practice, the doctrine prevents the executive branch from issuing laws addressing pressing, novel issues without Congress’s affirmative consent.

In response, scholars have generally criticized the doctrine and questioned its legitimacy. Critics have alleged that the doctrine was fabricated by the Supreme Court without proper justification, is incapable of principled application, frustrates the intent of past Congresses to delegate broad power to agencies, aggrandizes judicial power, and hinders desirable executive branch lawmaking.

This Article disagrees with those criticisms …

May Federal Courts Answer Questions When Not Deciding Cases?, Benjamin B. Johnson

Notre Dame Law Review

Conventional wisdom says that Article III’s case-or-controversy requirement prevents federal courts from answering legal questions when they are not deciding cases. This is only partially correct. This Article shows conditions under which a federal court may answer questions even when not deciding a case. To do so, it traces the appellate power back to its origins in English common law courts and through the early American judiciary. For centuries, common law judges have answered questions sent to them by lower courts when doing so would help those lower courts to decide pending cases. In England, the “case stated” procedure facilitated …

Immunity For Imaginary Policy In Tort Claims Against The Federal Government, Gregory C. Sisk

Notre Dame Law Review

Fictional policy justifications for official negligence are regularly accepted by the federal courts to shield the federal government from liability for ordinary tortious wrongdoing. The lower federal courts have adopted an extravagant interpretation of the discretionary function exception to the Federal Tort Claims Act that applies whenever a policy implication can be theorized. Under this “susceptible to policy analysis” approach, the United States government escapes accountability through after-the-fact speculation regarding policy factors that could have played a role (but actually did not) in the harmful government conduct.

By textual command, the exception shields only government decisions “based on,” that is, …

The Solicitor General, Consistency, And Credibility, Margaret H. Lemos, Deborah A. Widiss

Notre Dame Law Review

This Article offers the first comprehensive look at cases in which the Solicitor General (SG) rejects a legal argument offered on behalf of the United States in prior litigation. Such reversals have received considerable attention in recent years, as shifts in presidential administrations have produced multiple high-profile “flip-flops”—as the Justices sometimes call them—by the SG. Even those observers who defend the SG, including veterans of the office, caution that inconsistency in legal argument poses a threat to the SG’s credibility with the Court. Our goal is to better understand the circumstances that lead the SG to change its position on …

The Equity In Corporate Law, Andrew S. Gold, Henry E. Smith

Notre Dame Law Review

It is no secret that equity is a central part of corporate law. Yet a fuller appreciation of what equity means for corporate law is still lacking. This Article offers a new account of corporate law’s equity, showing that it is a kind of meta-law—or law about law—that operates ex post to address polycentric problems, conflicting rights, and opportunism. As we argue, much of the structure of corporate law—its architecture—is explained by the need for a robust equity that can intervene where needed, while also avoiding the dangers of unconstrained judicial discretion. Corporate law maintains a careful balance, one that …

When Religious Exercise And Private Rights Collide, Brent J. Nymeyer

Notre Dame Law Review

This Note proposes that the state action doctrine—where state statutory and common law, or the judicial finding of liability thereunder, is government burdening to the same extent that a criminal law or prosecution is government burdening—should extend to always allow religious exercise claims and defenses in disputes involving only private parties. Part I lays out the development of religious exercise jurisprudence under the federal and state systems and the current landscape of jurisdictions’ treatment of religious exercise claims and defenses in private disputes.

Part II proceeds in two sections: Section A presents representative cases from criminal law and relevant areas …

Ndls Communicator: Week Of 01.27.25, Notre Dame Law School

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The Latest News

• Notre Dame Law School Global Human Rights Clinic presents human rights pedagogy at Midwest Clinical Conference
• ND Law Global Human Rights Clinic addresses ongoing human rights violations in Nicaragua

Faculty News and Briefs

• Last week, Dean Marcus Cole spoke at the Pepperdine Caruso School of Law as part of the Dean's Speaker Series, delivering a talk on "Faith and Martin Luther King, Jr."
• John Meiser was quoted by OSV News and Catholic Review about the Supreme Court's decision to hear the St. Isidore case.
• Nicole Garnett co-authored a Manhattan Institute report that highlights how many publicly funded …

Mmu: 01/27/25–02/02/25, Student Bar Association

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Ndls Communicator: Week Of 01.21.25, Notre Dame Law School

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The Latest News

• Special Education Law Clinic launched to support families of children with disabilities
• Rev. Patrick E. Reidy, C.S.C., and Nell Jessup Newton receive AALS Section Awards
• Jack Ferguson '24 J.D. awarded the 2024 Brown Award for Excellence in Legal Writing

Faculty News and Briefs

• Nicole Garnett and John Meiser were quoted in The Observer about their continued legal support for St. Isidore of Seville Catholic Virtual School in Oklahoma.
• The Lindsay and Matt Moroun Religious Liberty Clinic was also mentioned in Baptist Standard about the Perez v. City of San Antonio case.
• Jimmy Gurulé was quoted in an …

Mmu: 01/20/25–01/26/25, Student Bar Association

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Mmu: 01/13/25–01/19/25, Student Bar Association

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Ndls Communicator: Week Of 01.13.25, Notre Dame Law School

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• ND Law students gain insight into U.S. immigration law at naturalization ceremony.

Faculty News and Briefs

• Bruce Huber was quoted in the Miami Herald about Trump's potential ability to overturn the Biden administration's ban on offshore drilling.
• On January 7, Patrick Corrigan presented his paper, "Bank ownership of nonbanks," at the 7th Annual Conference on Law and Macroeconomics at the University of Michigan.
• Derek Muller was quoted in The Washington Post about Congress's role to certify the 2024 election results.
• Sherif Girgis was a panelist for a discussion on "Abortion law after Dobbs" at the 26th Annual …

Ndls Communicator: Week Of 01.06.25, Notre Dame Law School

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The Latest News

• Knox Thames discusses his book, “Ending Persecution: Charting the Path to Global Religious Freedom”
• Notre Dame Law School hosts Symposium on the future of the Federal Trade Commission
• Faculty News and Briefs
• Roger Alford testified before the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights in a hearing about mergers' impact on consumers, antitrust policies in health care, big tech monopolies, and Amazon's labor practices.
• Emily Bremer was mentioned in an article in The Regulatory Review on the Chevron Supreme Court case, which highlights a Penn Program on Regulation panel she participated in last year, …

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.