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Mmu: 11/20/23–11/26/23, Student Bar Association

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Ndls Communicator: Week Of 11.20.23, Notre Dame Law School

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• Notre Dame Law School establishes new Global Human Rights Clinic.
• Diane Desierto is currently representing Nobel laureate Maria Ressa in her defense against cyber libel charges at the Philippine Supreme Court.
• The Religious Liberty Clinic filed an amicus brief in the U.S. District Court for the District of Oregon case St. Timothy's Episcopal Church et al. v. City of Brookings, advocating for religious organizations’ freedom to serve the hungry.
• The Religious Liberty Clinic filed an amicus brief in the Fifth Circuit Court of Appeals, urging the court to protect a sacred site in San Antonio, Texas, that …

Amicus Curiae Brief Of The International Council Of Thirteen Indigenous Grandmothers And Carol Logan In Support Of Appellants, Stephanie Hall Barclay, John A. Meiser

Court Briefs

No. 23-50746
Perez v. City of San Antonio

Appeal from the United States District Court for the Western District of Texas Honorable Fred Biery (5:23-cv-00977-FB)

From the Summary of the Argument

For centuries, generations of the Lipan-Apache people have gathered for prayer, mediation, and worship along a bend in the Yanaguana—known as the San Antonio River in English—which mirrors the constellation Eridanus in the skies above. It is a place where the lower, middle, and upper worlds come together; a place that reflects the Yanaguana creation story, which teaches that life began in the area when droplets of water fell …

Unopposed Motion Of The International Council Of Thirteen Indigenous Grandmothers And Carol Logan To File Amicus Curiae Brief In Support Of Appellants, Stephanie Hall Barclay, John A. Meiser

Court Briefs

No. 23-50746
Perez v. City of San Antonio

Appeal from the United States District Court for the Western District of Texas Honorable Fred Biery (5:23-cv-00977-FB)

From the Unopposed Motion for Leave to File Amicus Curiae Brief

Pursuant to Federal Rule of Appellate Procedure 29(a)(3) and Fifth Circuit Rule 27.4, the International Council of Thirteen Indigenous Grandmothers and Carol Logan respectfully move for leave to file a brief as amici curiae in support of Plaintiffs-Appellants Gary Perez and Matilde Torres. A copy of the proposed brief is attached to this motion.¹

Mmu: 11/13/23–11/19/23, Student Bar Association

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Ndls Communicator Week Of 11.13.23, Notre Dame Law School

NDLS Communicator

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• Our Notre Dame Law School delegation completed their visit to Cape Town and are now in Johannesburg.
• In honor of Veterans Day, we are honored to showcase profiles of a few of the veterans and active duty military members who are part of the ND Law community.
• Notre Dame Law Professor Jimmy Gurulé will be speaking at the International Criminal Court (ICC) on Monday, November 13.
• Notre Dame Law School’s Religious Liberty Initiative hosts the Law & Religion Junior Faculty Conference in Chicago.
• Mary Ellen O’Connell wrote an op-ed, "Biden needs to call for a ceasefire and …

Mmu: 11/06/23–11/12/23, Student Bar Association

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

Court Briefs

No. 121694
Gentner Drummond v. Oklahoma Statewide Virtual Charter School Board

From the Argument and Authority

This Motion to Intervene is both timely and amply supported. Courts assess the timeliness of a motion to intervene "in light of all the circumstances," including "the length of time since the movant knew of its interests in the case; prejudice to the existing parties; prejudice to the movant; and the existence of any unusual circumstances." Tulsa Indus. Auth. v. City of Tulsa, 2011 OK 57, ¶ 31, 270 P.3d 113, 128 (citation omitted) (looking to federal case law for guidance). Courts have …

Ndls Communicator: Week Of 11.06.23, Notre Dame Law School

NDLS Communicator

The Latest News

• A delegation from Notre Dame Law School, led by Marcus Cole, embarked on a ten-day visit to South Africa on Monday, November 6.
• Justice Dumisa Ntsebeza recently visited Notre Dame Law School and shared his personal story from the apartheid era in South Africa.
• The Religious Liberty Clinic filed an amicus brief in the Ninth Circuit Court of Appeals case Loffman v. California Department of Education representing the California Catholic Conference (CCC).
• In the latest episode, Max Gaston revisits his conversation with University of Michigan Professor of Psychology Kevin Cokley about imposter syndrome.
• The de Nicola Center …

Brief Of Amicus Curiae California Catholic Conference In Support Of Plaintiffs-Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 23-55714
Chaya Loffman v. California Department of Education

Appeal from the United States District Court for the Central District of California Honorable Josephine L. Staton (No. 2:23-cv-01832-JLS-MRW)

From the Argument

California’s exclusion of “sectarian” schools reflects a long history of efforts to suppress and demean disfavored religious groups in the United States.

Mmu: 10/30/23–11/05/23, Student Bar Association

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Ndls Communicator: Week Of 10.30.23, Notre Dame Law School

NDLS Communicator

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• Carter Snead has been appointed to be the Charles E. Rice Professor of Law, a new University Named Chair honoring the legacy of Charles E. Rice, a distinguished faculty member at Notre Dame Law School for over 45 years.
• Rick Garnett has received the "Pope Pius XI Award for Contributions toward the Building Up of a True Catholic Social Science" from the Society of Catholic Social Scientists.
• Notre Dame Law School is launching a new experiential learning program aimed at supporting parents in the wider South Bend, Indiana area as they advocate for services, accessibility, and accommodations …

The Lessons Of 9/11 For October 7, Mary Ellen O'Connell

NDLS in the News

October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.

Mmu: 10/23/23–10/29/23, Student Bar Association

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Ndls Communicator: Week Of 10.23.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School's Exoneration Justice Clinic earns second DOJ grant in two years
• Notre Dame Law School celebrates Professor Christian Burset’s new book
• Notre Dame Law Students Help Rebuild Lives: Summer Expungement Project Offers Fresh Starts
• Patrick A. Salvi '78 J.D. Receives Illinois Bar Foundation's Distinguished Excellence Award
• Cook County State’s Attorney Kim Foxx spoke with ND Law students about criminal justice reform and what it means to be a progressive prosecutor on October 10.
• Marcus Cole delivered opening remarks and introduced the moderator, Ed Haug at the Innovation Rally on the future of self-driving cars …

Brief Amicus Curiae Of The Bruderhof, Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Rehearing En Banc, Francesca Matozzo

Court Briefs

No. 22-30686
Damon Landor v. Louisiana Department of Corrections and Public Safety

Appeal from the United States District Court for the Middle District of Louisiana, No. 3:21-cv-733 The Honorable Shelly D. Dick, Chief Judge

From the Summary of the Argument

The Fifth Circuit should rehear en banc the panel decision in this case because it presents a “question of exceptional importance” under Fed. R. App. P. 35: whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) authorizes monetary damages. This issue is exceptionally important for two reasons.

Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Clinic In Support Of Plaintiffs' Motion For Summary Judgment, Casey M. Nokes, Meredith Kessler

Court Briefs

No. 1:22-cv-00156-CL
St. Timothy's Episcopal Church v. City of Brookings

From the Argument

Congress unanimously enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to provide sweeping protection for religious exercise against discrimination in land-use regulation. To accomplish this goal, the statute generally prohibits the government from implementing land-use regulations in a manner that imposes a substantial burden on the religious exercise of a person or organization. And several provisions—including the statute’s capacious definition of “religious exercise” and its broad-construction mandate—emphasize the statute’s breadth.

Mmu: 10/09/23–10/15/23, Student Bar Association

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Ndls Communicator: Week Of 10.09.23, Notre Dame Law School

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• Exoneration Justice Clinic receives $3 million grant to defend Mexican nationals in U.S. criminal cases
• The annual Red Mass was held last week in the Basilica of the Sacred Heart
• Daniel R. Murray ‘67 receives Lifetime Achievement Award from the Catholic Lawyers Guild of Chicago
• Last week the Indiana Court of Appeals brought its "Appeals on Wheels" program to ND Law's McCartan Courtroom. Students attended an argument for the case State v. Lucas, and had the opportunity to ask questions to Judges Robert Altice Jr., Terry Crone, and Elizabeth Tavitas.
• Paolo Carozza was quoted in an AP …

Brief Of Professor Derek T. Muller As Amici Curiae In Support Of Neither Party, Derek T. Muller, Charles R. Shreffler

Court Briefs

No. A23-1354
Joan Growe v. Steve Simon

From the Summary of Argument

States hold the power to adjudicate the qualifications of presidential candidates. That power extends to the general election, even though the election is formally a process to appoint presidential electors. And that power extends to the primary election, even though state voters are formally selecting delegates to a party’s nominating convention. But states have no obligation to evaluate the qualifications of presidential candidates, and states may choose to permit openly unqualified candidates to appear on the ballot.

Mmu: 10/02/23–10/08/23, Student Bar Association

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Historical Notes Regarding The Red Mass At Ndls, Beth Gelroth Klein

The Red Mass

Beth Gelroth Klein responded to Denise Wager's request for information specifically about the Red Mass at Notre Dame.

Ndls Communicator: Week Of 10.02.23, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Elena Kagan Visits Notre Dame
• Paolo Carozza, who serves as the U.S. member of the Venice Commission, is one of the rapporteurs drafting an opinion on various aspects of Chile's recent constitutional reform initiative.
• Mary Ellen O’Connell was quoted in The Economist article, "States are becoming more brazen about killing foes abroad."
• Avishalom Tor discussed his recent article "If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics" and related topics at a roundtable that took place during the annual conference of the World Interdisciplinary Network for Institutional Research …

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Notre Dame Lawyers Connect: October 2023, Notre Dame Law School

Notre Dame Lawyers Connect

U. S. Supreme Court Justice Elena Kagan visits Notre Dame

Exoneration Justice Clinic receives $3 million grant to defend Mexican nationals in U. S. criminal cases

Events

• Law Homecoming Weekend
• Law Homecoming Tailgate
• NDLA Fall Board Meeting

Faculty

• Honorable Kenneth F. Ripple transitioned to emeritus status
• New faculty members for the 2023-2024 academic year

Students

• Alumni Mentorship Program
• ND Law names four 2023-24 Murphy Fellows

Alumni Events - Slainte! Wine, Beer & Spirits | An Industry Symposium

Alumni Spotlight - Daniel R. Murray

Alumni Notes

• Angela Colmenero
• Michael W. Federer
• Edward S. Kiel
• George McDonnell

Mmu: 09/25/23–10/01/23, Student Bar Association

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Ndls Communicator: Week Of 09.25.23, Notre Dame Law School

NDLS Communicator

The Latest News

• We were honored to have US Supreme Court Justice Elena Kagan visit Notre Dame Law School last week.
• The Religious Liberty Clinic has helped the Archdiocese of Oklahoma City and the Diocese of Tulsa secure approval to operate a Catholic charter school & represents St. Isidore of Seville Catholic Virtual School in a lawsuit, along with attorneys from Dechert LLP.
• Derek Muller was quoted in the Tampa Free Press article, "Trump’s Eligibility For The 2024 Ballot Could Be Headed To The Supreme Court."
• John Meiser wrote an op-ed piece for The Hill where he discusses a version …

Defendant St. Isidore Of Seville Catholic Virtual School's 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

In 1999, the Oklahoma legislature enacted the Oklahoma Charter Schools Act, inviting both public and private organizations to establish charter schools to "promote a diversity of educational choices" for Oklahoma families. 70 O.S. § 3-134(1)(3). Through the charter school program, Oklahoma partners with these organizations to "[i]ncrease learning opportunities for students"; "[e]ncourage the use of different and innovative teaching methods"; and "[p]rovide additional academic choices for parents and schools." 70 O.S. § 3-13 l(A). So that educators have the necessary freedom to accomplish these goals, the Act …

Mmu: 09/18/23–09/24/23, Student Bar Association

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Ndls Communicator: Week Of 09.18.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic students help draft UK Parliamentary report on the state of religious liberty in Nepal.
• Breck Giltner, Blake Perry, Jessica Smith, and Dennis Wieboldt, all first-year Notre Dame Law School students, have been named 2023-24 Murphy Fellows.
• The Religious Liberty Clinic represented an Iranian convert to Christianity in his asylum proceedings before the Executive Office for Immigration Review (EOIR).
• The Notre Dame Program on Law and Market Behavior (LAMB) co-sponsored the Second International Behavioral Public Policy Conference last week at the University of North Carolina at Chapel Hill.
• In this interview for the DEI podcast, …