Law Commons^™

Whose Equity? Interpreting Statutes Authorizing Equitable Remedies, Drew Garden

Notre Dame Law Review

The role of equity in federal law has sparked significant recent debate. Much ink has been spilled over the appropriate role of the general equity power in federal jurisprudence. Less attention has been paid to the interpretation of statutes explicitly authorizing equitable remedies. Equity, by its very nature, is a shifting field. In fact, equity came into being precisely because of this need for flexibility, and the role it has played throughout English and American history has been possible solely because of its ability to adapt. Thus, when a statute authorizes equitable remedies but does not specify which remedies, the …

Mmu: 11/04/24–11/10/24, Student Bar Association

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Ndls Communicator: Week Of 11.04.24, Notre Dame Law School

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The Latest News

• Justice Kavanaugh to judge final round of inaugural Justice Amy Coney Barrett Moot Court Tournament at Notre Dame Law School
• Notre Dame Law School's Exoneration Justice Clinic welcomes new legal fellow
• Notre Dame BLSA fireside chat explores navigating careers and championing DEI with sports and media industry leaders

Faculty News and Briefs

• Roger Alford published an article in Bloomberg Law: "AI antitrust enforcement supports consumers, national security."
• Last week, Nicole Garnett co-authored an amicus brief for Woolard v. Thurman in support of three Christian families in California facing religious discrimination in a homeschool-aid program.
• Lloyd Mayer was …

Brief Of Amici Curiae Manhattan Institute And Notre Dame Education Law Project In Support Of Plaintiffs-Appellants And Reversal, Nicole Stelle Garnett, Ilya Shapiro, Tim Rosenberger

Court Briefs

CASE NO. 24-4291
John Woolard v. John Thurmond

On Appeal from the United States District Court for the Eastern District of California
Case No. 2:23-CV-02305-JAM-JDP

From the Summary of Argument

As part of California’s diverse array of education options, homeschooling parents may choose to enroll their children in independent-study charter schools, which work with parents to develop custom curriculum for their children’s unique educational needs. The plaintiffs did just that here and enrolled their children in Blue Ridge Academy and Visions in Education, both independent-study charter schools. Unfortunately, not all parents are able to avail themselves of this opportunity because …

Mmu: 10/28/24–11/03/24, Student Bar Association

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Ndls Communicator: Week Of 10.28.24, Notre Dame Law School

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• Notre Dame Law School welcomes new faculty and visiting scholars for the 2024-25 academic year
• Professors Paolo Carozza and Richard Garnett honored by the American Academy of Sciences and Letters
• Law School Professor Derek Muller joins CNN as contributor for 2024 presidential election
• Notre Dame Law Professor Patrick Corrigan named to The Irish Legal 100
• Tribute: The Honorable Daniel A. Manion ‘64
• ND Law's Eviction Clinic reaches settlement for South Bend family fleeing lead-filled home
• Bryan Stevenson delivers powerful message about ‘proximity’ at lecture in South Bend

Faculty News and Briefs

• Dean G. Marcus Cole was honored …

Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Petitioners, John A. Meiser, Domenic Canonico

Court Briefs

No. 24-319
Roman Catholic Diocese of Albany v. Adrienne A. Harris

On Petition for a Writ of Certiorari to the New York State Court of Appeals

From the Summary of Argument

New York’s abortion-coverage mandate requires many faith-based organizations to violate their deeply held religious beliefs about the sanctity of life. The exemption New York offers to only a narrowly drawn, ill-defined subset of preferred religious groups does not remedy that dramatic intrusion into free exercise rights. Indeed, it only compounds the problem.

Brief Amici Curiae Of Religious Liberty Law Scholars In Support Of Petitioner, W. Thomas Wheeler, Thomas C. Berg, Richard W. Garnett

Court Briefs

No. 24-291
Apache Stronghold v. United States

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

From the Introduction and Summary of Argument

The federal government owns the land at Oak Flat, where Apache people have worshiped and conducted ceremonies for centuries. As the district court’s findings show, “Apaches view Oak Flat as a ‘direct corridor’ to their Creator’s spirit”—a place “‘uniquely endowed with holiness and medicine’”—“and neither ‘the powers resident there, nor [the Apaches’] religious activities . . . can be relocated.’” App. 201a (opinion of Murguia, C.J.) (quoting Apache Stronghold …

Brief Of Apache Elder Ramon Riley, Professor Michalyn Steele, And Six Native American Rights And Cultural Heritage Organizations As Amici Curiae In Support Of Petitioner, John A. Meiser, Meredith H. Kessler

Court Briefs

No. 24-291
Apache Stronghold v. United States of America

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

Meaningful access to sacred sites such as Oak Flat is an indispensable part of many Indigenous tribes’ religious exercise. Nonetheless, the government has repeatedly denied necessary access to these sites, and even destroyed them, thwarting the ability of tribal members to exercise core aspects of their spiritual practices. Regrettably, the Ninth Circuit’s errant decision denies the Apache people critical legal protections against such destruction—and thus only invites the …

Ndls Communicator: Week Of 10.14.24, Notre Dame Law School

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The Latest News

• Dean G. Marcus Cole awarded the Dignitatis Humanae Award by the University of St. Thomas School of Law
• Catholic educators in Oklahoma challenge State AG's hostility to religious schools

Faculty News and Briefs

• Last week, South Bend Mayor James Mueller declared October 2, 2024 as International Wrongful Conviction Day and presented the proclamation to Jimmy Gurulé in recognition of the Exoneration Justice Clinic's important contributions.
• Mike Kirsch was quoted in a Wall Street Journal article about former President Trump's proposed tax policies.
• Marcus Cole was quoted by The Indiana Lawyer in an article about how Indiana law …

Mmu: 10/14/24–10/20/24, Student Bar Association

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Dean G. Marcus Cole Awarded The Dignitatis Humanae Award By The University Of St. Thomas School Of Law, Denise Wager

2019–Present: G. Marcus Cole

Notre Dame Law School’s Joseph A. Matson Dean G. Marcus Cole was awarded the Dignitatis Humanae Award by the University of St. Thomas School of Law in Minnesota on October 3.

This prestigious award honors national and international jurists for their contributions to the legal profession and was presented at the school’s annual Mission Roundtable Lunch, which explores what St. Thomas School of Law’s mission could and should mean to the world.

Perma.cc

Mmu: 10/07/24–10/13/24, Student Bar Association

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Ndls Communicator: Week Of 10.07.24, Notre Dame Law School

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The Latest News

• Event Recap: American Democracy and the 2024 Election
• Anton Burri-Wenzel joins Notre Dame Law School as first postdoctoral fellow for the Program on Law & Economics
• Global Human Rights Clinic submits review of UN Bulletin on the Protection from Sexual Exploitation and Abuse
• In this episode of the DEI Podcast, Max Gaston talks with Jemar Tisby, New York Times bestselling author and Notre Dame alum, about his latest book, The Spirit of Justice: True Stories of Faith, Race, and Resistance.

Faculty News and Briefs

• Last week, Sam Bray spoke at a Festschrift honoring Profesor Douglas Laycock at …

Notre Dame Lawyers Connect: Fall 2024, Notre Dame Law School

Notre Dame Lawyers Connect

Dean G. Marcus Cole awarded the Dignitatis Humanae Award by the University of St. Thomas School of Law

Bryan Stevenson delivers powerful message about ‘proximity’ at Institute for Social Concerns lecture

Events

• Law Homecoming Weekend
• NDLA Board Fall Meeting
• Notre Dame Law Review Centennial Celebration
• AI and the Future of Law Panel
• 1L/Alumni Mixer
• Law Class of 1984 mini-reunion
• BLSA Fireside Chat: Staying in the Game
• Law Homecoming Tailgate

Faculty

• Law School Professor Derek Muller joins CNN as legal contributor
• Welcome New Faculty and Visiting Scholars
• Alumni can help!

Students

• 2024 Hispanic National Bar Association convention
• 2024-25 Murphy Fellows

Alumni …

Mmu: 09/30/24–10/06/24, Student Bar Association

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Details: Red Mass Tomorrow, Emma Kate Lively `

The Red Mass

Emma Kate Lively reminds members of the NDLS Saint Thomas More Society about the Red Mass tomorrow. She also provides a quick bio of the celebrant, Bishop Robert J. McClory.

Ndls Communicator: Week Of 09.30.24, Notre Dame Law School

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The Latest News

• U.S. Court of Appeals for the Eleventh Circuit rules in favor of prison minister barred from county jail
• ND Law Black Law Students Association explores DEI challenges and opportunities following SCOTUS race conscious admissions decision

Faculty News and Briefs

• All-Faculty Team: Sam Bray. Sam Bray was honored as a member of this year's All-Faculty Team and was recognized during last week's home football game for his research on the law of equity and its lasting contributions to the work of courts in the United States.
• This week, Marcus Cole will speak at the inaugural Hope & Healing …

The Limits Of Generative Ai In Administrative Law Research, Susan Azyndar

Journal Articles

The author recounts an administrative law classroom experience using generative AI. She considers the complexities of administrative law, AI training, professional responsibility, and traditional resources.

Mmu: 09/23/24–09/29/24, Student Bar Association

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Ndls Communicator: Week Of 09.23.24, Notre Dame Law School

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The Latest News

• Four first-year students named 2024-25 Murphy Fellows at Notre Dame Law School
• ND Law’s Program on Law and Economics establishes new competition to select Law and Economics Student Fellows, names five students as inaugural Fellows
• Professor Stephen Tierney appointed Honorary King's Counsel
• In the latest episode of the DEI Podcast, Max Gaston sits down with New York Times bestselling author and Notre Dame alumnus Jemar Tisby, PhD.

Faculty News Briefs

• Mary Ellen O'Connell was quoted in articles by AP News, PBS News Hour, The Week, Times Malta, and Flagler Live about Israel's use of exploding devices in …

Ndls Communicator: Week Of 09.16.24, Notre Dame Law School

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The Latest News

• Faculty Profile: Professor Frederick Mostert, leading expert in international intellectual property

Faculty News and Briefs

• Roger Alford was quoted in articles by The Hill and the New York Times about Google's second antitrust trial and its legal implications for ad technology.
• Mary Ellen O'Connell spoke on a panel about the governance of AI in the military domain at the 2024 Responsible AI in the Military Domain Summit (REAIM) in Seoul last week.
• Derek Muller was quoted in an article in The Economist about the possibility of contests to November's presidential election.
• Diane Desierto wrote a chapter on …

Mmu: 09/16/24–09/22/24, Student Bar Association

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Brief Amicus Curiae Of Federal Courts Professor Derek T. Muller In Support Of Defendant-Appellant, Daniel F. Mummolo, Christopher G. Michel, Rachel G. Frank, Derek T. Muller

Court Briefs

No. 23-7173
David O'Connell v. United States Conference of Catholic Bishops

On Appeal from the United States District Court for the District of Columbia
1:20-cv-01365-JMC ∙ Honorable Jia M. Cobb

From the Introduction and Summary of Argument

The threshold question in this appeal is whether the Court has jurisdiction to hear it. The answer turns on the proper construction of 28 U.S.C. § 1291, which grants this Court jurisdiction over “appeals from all final decisions of the district courts.” In keeping with the provision’s text and history, both the Supreme Court and this Court have long understood Section 1291 to …

Mmu: 09/09/24–09/15/24, Student Bar Association

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Ndls Communicator: Week Of 09.09.24, Notre Dame Law School

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The Latest News

• Indiana Justice Project and the Notre Dame Clinical Law Center publish a report on the future of eviction record sealing in Indiana

Faculty News and Briefs

• Roger Alford was quoted in the New York Times article, "U.S. Prepares to Challenge Google's Online Ad Dominance."
• SSRN highlighted Sam Bray's new article, "The Purpose of the Preliminary Injunction"
• Derek Muller wrote, "No, local election officials can’t block certification of results – there are plenty of legal safeguards" for the Conversation.

Students

• ND Law’s Exoneration Justice Clinic welcomes law students and undergraduates as 2024 summer interns

Events

Monday, September 9 …

Ndls Communicator: Week Of 09.03.24, Notre Dame Law School

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The Latest News

• Indiana Supreme Court Rules in Favor of Notre Dame Law School Exoneration Justice Clinic Clients

Faculty News and Briefs

• Marcus Cole presented “The Value of Values in Higher Education” at the Columbia Economics Club on August 30.
• The EJC and Jimmy Gurulé were quoted in several news sources about the recent exoneration of Anthony Bedolla.
• Fr. Pat Reidy was quoted by the Catholic News Agency in “Building in ‘God’s backyard’: Los Angeles affordable housing project could herald things to come”
• Derek Muller was quoted by CNN in "The Supreme Court has ignited new fears about how it …

Mmu: 09/02/24–09/08/24, Student Bar Association

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Ndls Communicator: Week Of 08.26.24, Notre Dame Law School

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The Latest News

• Justice Prevails as ND Law’s Exoneration Justice Clinic Helps Exonerate Anthony Bedolla After 14-Year Wrongful Conviction

Faculty News and Briefs

• Roger Alford was quoted by the Washington Post in "Why is Rent so High? The Justice Dept. blames a tech firm's algorithm."
• Derek Muller was quoted by the Washington Post in "RFK Jr. suspends his campaign — with an appropriately bizarre theory."
• Nicole Garnett wrote "The Next School-Choice Battles" for National Review.

Events

Monday, August 26

• First Day of Class
• Kick Off Academic Year Luncheon for Faculty and Staff, 12:30 pm, Smith Ballroom, Morris Inn

Sunday, September …

Ndls Communicator: Week Of 08.19.24, Notre Dame Law School

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The Latest News

• Notre Dame Law School launches Intellectual Property Externship led by alumna Jenna Tracy '19 J.D.
• ND Law’s Exoneration Justice Clinic receives generous gift to expand exoneree reentry services

Student News

• Notre Dame Law students gain experience through summer in-house legal work at major corporate firms
• The Supreme Court Historical Society announced that Dennis Wieboldt is the recipient of the 2024 Henry J. Abraham Early Career Research Grant. Wieboldt is a Richard and Peggy Notebaert Premier Fellow at the Graduate School and a Edward J. Murphy Fellow at the Law School.
• The Exoneration Justice Clinic was mentioned in …