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

Notre Dame Lawyers Connect

Happy Summer!

Experts from across the globe convene at fourth annual Notre Dame Religious Liberty Summit, seeking to promote and depolarize religious liberty

Notre Dame Law School announces significant expansion of Loan Repayment Assistance Program

Notre Dame Law School’s Global Human Rights Clinic Helps Free Imprisoned Ukrainian Priests from Russian Captivity

Events

• Save the Date: Homecoming on October 12 Weekend of the ND-Stanford game
• Save the date for the Notre Dame Law Review's Centennial Celebration!
• Alumni Events Held - New York, Chicago, Los Angeles, and Indianapolis

Faculty - Notre Dame Law School grants tenure to two professors

In Memoriam: Roger …

Ndls Communicator: Week Of 06.24.24, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law to hold fourth annual Notre Dame Religious Liberty Summit at the University of Notre Dame
• Notre Dame Law professors lead meeting of the Saint Catherine Circle in Budapest
• Athletics Director Emeritus Jack Swarbrick joins Dean Cole for fireside chat in New York City
• Carter Snead testifies before US Senate Judiciary Committee
• ND Law Global Human Rights Clinic co-organizes Summer University on Human Rights, Education, and Sustainability
• Notre Dame Law students assist with asylum applications and eviction sealings at spring clinics
• Professor Jimmy Gurulé attends “Rebel Nun” world premiere at Tribeca Film Festival

Faculty Briefs

• Sherif …

Hearing Before The United States Senate Committee On The Judiciary Subcommittee On Federal Courts, Oversight, Agency Actions, And Federal Rights, O. Carter Snead

Congressional Testimony

O. Carter Snead, the Charles E. Rice Professor of Law and director of the de Nicola Center for Ethics and Culture at the University of Notre Dame, offered expert testimony on Wednesday (June 12) before the U.S. Senate Committee on the Judiciary on “Crossing the Line: Abortion Bans and Interstate Travel for Care After Dobbs.”

Originally posted by the United States Senate Committee on the Judiciary.

Ndls Communicator: Week Of 06.10.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School expands partnership with the Ukrainian Catholic University
• U.S. Senate confirms ND Law School alum Edward S. Kiel as federal judge
• Notre Dame Law School's ACS Chapter Wins National Programming Award
• Zachary Damir ‘24 J.D. wins 2024 Smith-Doheny Legal Ethics Writing Competition

Faculty Briefs

• Emily Bremer presented her draft article, "Vacatur is Not a Remedy," at the Conference on Executive-Judicial Relations hosted by the Center for Revitalizing American Institutions (RAI), Hoover Institution, Stanford University.
• Derek Muller has authored "2020’s ‘fake elector’ schemes will be harder to try in 2024 – but not impossible" for …

Ndls Communicator: Week Of 05.27.24, Notre Dame Law School

NDLS Communicator

Commencement Features

• The Commencement of Notre Dame Law School’s Class of 2024 included 186 J.D., 13 LL.M., and two J.S.D. graduates.
• Notre Dame Law School announces awards for 2024 graduating class
• Stories of Notre Dame Law School's Class of 2024
• Frederick Mostert, who teaches Global Digital Intellectual Property and Cyber Security in the London Law Programme, journeyed to campus to celebrate with his graduating students from his seminars in 2023 and 2024.

The Latest News

• In Memoriam: Roger F. Jacobs
• Notre Dame Law School hosted an event for 200 Notre Dame Lawyers, Chicago alumni, and friends on May 22, 2024 …

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Amended Brief Of Amici Curiae Harold Hongju Koh And Diane Desierto In Support Of Petitioners-Appellees, Hyland Hunt, Ruthanne M. Deutsch, Diane A. Desierto

Court Briefs

No. 23-7174
Hulley Enterprises Ltd. v. Russian Federation

On Appeal from the U.S. District Court for the District of Columbia No. 1:14-cv-01996-BAH, Hon. Beryl A. Howell

From the Introduction and Summary of Argument

This appeal seeks to re-litigate a question that the Russian Federation had already lost with finality in the courts of the seat of arbitration (the Netherlands): namely, whether the Russian Federation ever agreed to arbitrate in the first place. Those arguments are identical to arguments the Russian Federation presented to Dutch courts more than six years ago in a failed effort to set aside the awards. Because …

Ndls Communicator: Week Of 05.20.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School alumnae Kari Lorentson ’19 J.D. and Elizabeth Totzke ’22 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett
• Stories of Notre Dame Law School's Class of 2024 Graduates
• Professor Jay Tidmarsh to deliver Notre Dame Law School 2024 Commencement Address
• Notre Dame Hispanic Law Students Association recognizes Justice Mary Yu with Graciela Olivárez Award and honors 3L graduates
• Celebrating excellence: Notre Dame BLSA honors community leaders, students, and alumni

Faculty Briefs

• Jay Tidmarsh's article he co-authored in 2008 for the Michigan Law Review was cited in Justice Alito's dissent in last …

179th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 9
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 48
• COLLEGE OF ARTS AND LETTERS 51
• COLLEGE OF SCIENCE 59
• COLLEGE OF ENGINEERING 65
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 86
• TASSELS 100

Commencement 2024: Speech By Distinguished Professor Of The Year Jay Tidmarsh, Jay Tidmarsh

Commencement Programs

Judge James J. Clynes, Jr., Professor of Law Jay Tidmarsh, selected by Notre Dame Law School’s Class of 2024 as Distinguished Professor of the Year, delivered this speech to the class during the Law School’s Hooding Ceremony on May 18, 2024, in Purcell Pavilion.

Class Of 2024 Awards Ceremony, Notre Dame Law School

Commencement Programs

On Friday, May 17, Notre Dame Law School recognized its graduating students at the annual Awards Ceremony. Awards were presented for academic achievement, including Honor Roll, Dean’s Circle, Faculty Excellence, and Program of Study distinctions, as well as for excellence in writing, trial advocacy, and moot court. Students were also celebrated for their service to Notre Dame, their classmates, and the broader community. Below, we highlight a selection of this year’s awards and recipients.

Defendant St. Isidore Of Seville Catholic Virtual School's Reply Brief In Support Of Motion To Dismiss, Michael H. Mcginley, Steven A. Engel, M. Scott Proctor, John A. Meiser, Michael R. Perri, Socorro Adams Dooley

Court Briefs

No. CV-2023-1857
OKPLAC, Inc. v. Statewide Virtual Charter School Board

From the Introduction

Plaintiffs' opposition to the motions to dismiss distills their challenge to the State's approval of St. Isidore of Seville Catholic Virtual School to its essence: Plaintiffs believe that Oklahoma may never allow a religious organization to operate a charter school because (they contend) any faith-based school would violate the Charter Schools Act and the Oklahoma Constitution. Their other arguments-alleging technical errors in the State's decision to contract with St. Isidore and baseless speculation about how they predict the school might one day violate the law-grow from this …

Ndls Communicator: Week Of 05.13.24, Notre Dame Law School

NDLS Communicator

The Latest News

• University of Notre Dame Hosts Consultation with the UN Special Rapporteur on the Right to Education
• Notre Dame Law School ranked #4 in federal clerkship placement for second year
• ND Law and Graduate School to host Legal History Colloquium: Call for Papers
• Notre Dame Journal of International & Comparative Law Symposium Explores the Impact of Anti-Blasphemy Laws on Religious Expression

Faculty Briefs

• Avishalom Tor has published a peer-reviewed article, “If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics,” 31 History of Economic Ideas 67 (2023) (with Doron Teichman and Eyal Zamir).
• Derek …

Brief Of The Manhattan Institute And Notre Dame Education Law Project As Amici Curiae Supporting Petitioners, Nicole Stelle Garnett, Ilya Shapiro, Tim Rosenberger

Court Briefs

No. 23-1084
Jill Hile v. Michigan

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

From the Background and Summary of Argument

Petitioners are members of Parent Advocates for Choice in Education Foundation (PACE), which seeks to protect and further educational rights. They contend that Art. VIII, § 2 of the Michigan constitution discriminates against religion. Accordingly, its enforcement would violate the Free Exercise Clause.

Ndls Communicator: Week Of 05.06.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Faculty profile: Professor Paolo Carozza, leading expert in international human rights and comparative constitutional
• Notre Dame Law School's three 2024 Bank of America Foundation Fellows to address a wide range of social issues
• ND Law’s 2024 Shaffer Fellow will focus on international humanitarian law research
• ND Law Graduate Justice Fellows Lead Charge for Justice Research at the Center for Social Concerns
• ND Law 3L Jack Ferguson receives University of Chicago Federalist Society Eaton Award
• ND London Law Professor Katherine Reece Thomas publishes pioneering book on state immunity
• Apache Stronghold seeks full-court rehearing to save sacred land

Faculty …

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.

The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee

Journal of Legislation

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.

Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib

Journal of Legislation

This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.

Volume 50, Issue Ii - Full Combined Issue

Journal of Legislation

No abstract provided.

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …

There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford

Journal of Legislation

Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.

Ndls Communicator: Week Of 04.29.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School and University of Cape Town establish historic partnership
• Fitzgerald Institute's Church Properties Initiative and Notre Dame Law School Host Affordable Housing Discussion with Rev. Patrick Reidy, C.S.C.
• Notre Dame Law School celebrates outstanding third-year students at Champions for Justice Reception
• Patrick Corrigan's new article, "'ES' Versus 'G' in Corporate Governance: You Can’t Have It All," was featured in the Harvard Law School Forum on Corporate Governance.
• Emily Bremer wrote a blog post for Notice & Comment on "FTC rulemaking and the attorney general's committee on administrative procedure."
• Sam Bray's research and writings about …

Mmu: 04/29/24–05/05/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Brief Amicus Curiae Of The International Council Of Thirteen Indigenous Grandmothers, The Mica Group, And A Tribal Elder In Support Of Plaintiff-Appellant's Petition For Full En Banc Rehearing, Stephanie Hall Barclay, Meredith Holland Kessler, Francesca Matozzo

Court Briefs

No. 21-15295
Apache Stronghold v. United States of America

On Appeal from the United States District Court for the District of Arizona, Honorable Steven P. Logan (2:21-cv-00050-PHX-SPL)

From the Summary of the Argument

Once again, the Apache community has been denied the rights afforded to it by the Religious Freedom Restoration Act’s plain text—this time by a panel of the en banc court in a deeply contested and divided decision. The full Ninth Circuit should rehear the case en banc to restore the Religious Freedom Restoration Act’s full scope of protection for the Indigenous community, who has uniquely been deprived …

Mmu: 04/22/24–04/28/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 04.22.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School celebrates 35 years of Father Mike Show and raises funds for Women’s Legal Forum
• Notre Dame Law School Global Human Rights Clinic to participate in climate change hearings at the Inter-American Court of Human Rights in Barbados
• Program on Church, State & Society hosts John Inazu, author of “Learning to Disagree” for Book Talk
• Notre Dame Religious Liberty Clinic represents volunteer minister barred from county jail because of his religious views
• Notre Dame Law School Hosts Symposium on Assessing Regulatory Instruments of Behavior Change in Energy Conservation
• Diane Desierto received the Durwood Zaelke …

Commencement 2024: Dean G. Marcus Cole’S Charge To The Graduating Class, Marcus Cole

Commencement Programs

Joseph A. Matson Dean and Professor of Law G. Marcus Cole delivered this charge to Notre Dame Law School’s Class of 2024 during the Law School’s Hooding Ceremony on May 18, 2024, in Purcell Pavilion.

An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred

Notre Dame Law Review Reflection

Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …

Tying Law For The Digital Age, Daniel A. Crane

Notre Dame Law Review

Tying arrangements, a central concern of antitrust policy since the early days of the Sherman and Clayton Acts, have come into renewed focus with respect to the practices of dominant technology companies. Unfortunately, tying law’s doctrinal structure is a self-contradictory and incoherent wreck. A conventional view holds that this mess is due to errant Supreme Court precedents, never fully corrected, that expressed hostility to tying based on faulty economic understanding. That is only part of the story. Examination of tying law’s origins and development shows that tying doctrine was built on a now-dated paradigm of what constitutes a tying arrangement. …

Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner

Notre Dame Law Review

The current Supreme Court has made clear that history matters. But doing history well is hard. There is thus an allure to old cases because they provide a link to the past that is more accessible for nonhistorian lawyers. This Article warns against that allure by showing how the use of old cases also poses methodological challenges. The Article uses as a case study the emerging doctrine of foreign relations abstention. Before the Supreme Court, advocates argued that this new doctrine is in fact rooted in early admiralty cases. Those advocates did not, however, canvass the early admiralty practice, relying …