Law Commons^™

Mmu: 09/11/23–09/17/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 09.11.23, Notre Dame Law School

NDLS Communicator

The Latest News

• US Supreme Court Justice Elena Kagan to visit Notre Dame

• Notre Dame Law School holds moot court program for junior high students

• The DEI Podcast with Max Gaston is back with a new season. Season 2 starts off with a conversation with Dr. William Cox of the University of Wisconsin-Madison about unconscious bias.

• Derek Muller was quoted in the New York Times article, "Colorado Lawsuit Seeks to Keep Trump Off Ballots Under 14th Amendment."

• Marah Stith McLeod argues that no judge should impose a prison sentence after trial that exceeds what the jury deems the defendant to …

  ---

  Go to article

Ndls Communicator: Week Of 09.05.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nell Jessup Newton returns to ND Law after serving as interim law dean at Miami and Wake Forest
• ND Law Professor Derek Muller elected to American Law Institute
• In his chapter for his upcoming book "Methodology in Private Law Theory, Paul Miller examines the relationship between formalist interpretive methodology and ideals of legality and the rule of law.
• Sam Bray has written a new chapter for the upcoming work "Interstitial Private Law" set to be released later this year. Bray's chapter examines the history and current state of the "equity will not" doctrines in law.
• Should religious …

Mmu: 09/04/23–09/10/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

The Price Of Competition: Analyzing Anticompetitive Tactics In Pharmaceutical Markets During The Hatch-Waxman Era, William Ulrich

Notre Dame Journal on Emerging Technologies

Pharmaceutical manufacturers can delay the generic entry for a blockbuster drug. In order to keep the generic system on track, it is critical to expose the various avenues of generic delay. Part I of this Note briefly describes the generic entry process as prescribed by the Hatch-Waxman Act. Part II details four well-known tactics used by brand-name manufacturers to block or delay the entry of generic competition, highlighting how the tactics are successful. Part III concludes by examining the nature of the various problems and arguing that the first step towards ending the different forms of anticompetitive behavior is through …

A Sleeping Giant: Mhelath Applications, The Gdpr, And The Need For Federal Privacy Regulation In The United States, Kali Peeples

Notre Dame Journal on Emerging Technologies

An analysis of privacy regulation concerning mHealth apps is a multifaceted process that requires the examination of changes within not only the healthcare space but also the technological world, as well as the legislative history and intent of various nations.The main issue being addressed in this paper is whether the United States should create nationwide legislation that directly relates to mHealth data protection or continue with a self-regulatory method. Part I focuses on the development and rapid creation of mHealth apps within the past decade. Part II seeks to illustrate the distinct privacy concerns of mHealth apps by concentrating on …

The Code Of Life And Death, Braden R. Leach

Notre Dame Journal on Emerging Technologies

Biotechnology is advancing at an astonishing clip, but our safeguards are decades behind. Given new technologies and economies of scale, it is possible for nefarious actors to assemble deadly viruses from scratch using synthetic DNA ordered off the internet. The Select Agents statute helps to prevent malicious actors from acquiring dangerous pathogens, but the Department of Health and Human Services has interpreted it to not cover synthetic DNA. Recognizing the gap, HHS issued guidance recommending that gene synthesis companies verify their customers to ensure their legitimacy and screen genetic sequences for matches to pathogen sequences. Unsurprisingly, voluntary guidance has not …

The High Cost Of Pharmaceutical Acquisitions: Increasing Social Welfare Or Furthering Inequality?, Timothy J. Haltermann

Notre Dame Journal on Emerging Technologies

This note will argue that government and regulatory authorities should focus on easing access to downstream innovation by broadening research exemptions to patent infringement. Part I of this note will focus on the current state of patent protection and exclusivity afforded to pharmaceutical companies. Part II will discuss incentives created that lead rational actors to engage in M&A instead of through internal R&D. Part III will address the development of innovation as a standalone theory of harm in merger review, and the fallacies associated with labeling certain transactions as “killer acquisitions.” Finally, Part IV of the note will look at …

An Introduction To Personal Growth Bets: Using Contract Law To Lose Weight And Quit Smoking, Max Raskin, Jack Millman

Notre Dame Journal on Emerging Technologies

Self-improvement is hard. Whether losing weight or quitting smoking, individuals have a difficult time honoring their commitments, especially if the only person they are disappointing is themselves. In this Article, we introduce a new legal mechanism for incentivizing personal growth. We describe this mechanism as a personal growth contract, which allows an individual to make an enforceable agreement with either a counterparty or himself with the aim of self-improvement. We propose the use of smart contracts to help execute unilateral personal growth contracts. Our conclusion is that personal growth contracts should be presumptively legal, provided they do not violate some …

Appellant's Reply Brief, Zack Greenamyre, Gerald R. Weber Jr., John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 23-10332
Rev. Stephen Jarrard v. Sheriff of Polk County

Appeal from the United States District Court for the Northern District of Georgia No. 4:20-cv-00002-MLB

From the Argument

A jury could easily find that Moats and Sharp excluded Jarrard from the ministry program because they disfavor his religious expression.

Mmu: 08/28/23–09/03/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 08.28.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Judge Kenneth Ripple transitions to emeritus status after 46 years of teaching ND Law students
• ND Law’s Exoneration Justice Clinic welcomes law students and undergraduates as 2023 summer interns
• Paul Miller has published a chapter, "Fiduciary Liability and Business Judgment" in the The Research Handbook on Corporate Liability by Martin Petrin and Christian Witting.
• Jimmy Gurulé was on Bloomberg Law podcast, “Trump and 18 Allies Charged in Georgia RICO Indictment."
• Derek Muller discussed the Supreme Court decision in Moore v. Harper on CPAN's Washington Journal.
• Rick Garnett was one of the First Amendment experts who filed an …

Brief Of Amici Curiae Eugene Volokh, Richard W. Garnett, & Michael Stokes Paulsen In Support Of Petitioner, Brian D. Schmalzbach, Richard W. Garnett

Court Briefs

No. 23-74
Debra A. Vitagliano v. County of Westchester, New York

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

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam- dunk simple” yet the Court got it “slam-dunk wrong.”

Pro-choice …

Mmu: 08/21/23–08/27/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar

Journal Articles

A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.

Ndls Communicator: Week Of 08.21.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Eight new faculty members are joining Notre Dame Law School for the 2023-24 academic year.
• They include: Professor of Law Derek Muller, Associate Professor of Law Michael Francus, Associate Professor of Law Rev. Patrick Reidy, C.S.C., and Visiting Assistant Professor of Law Jorge Barrera-Rojas.
• Associate Teaching Professor Kari Gallagher, Associate Teaching Professor Jacqueline Carney, and Associate Teaching Professor Kristina Swanson are new faculty in the Legal Writing Program.
• Michael Greenlee has joined the faculty as associate director of the Kresge Law Library.
• Congratulations to Stefan McDaniel on being appointed an associate professor of law. He has served …

Ndls Communicator: Week Of 08.14.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nicole Garnett wrote “The School-Choice Moment" for the National Review.
• Jimmy Gurulé was on Bloomberg Sound On podcast, “Indictment Watch."
• Life News column cited a paper by John Finnis, “We need to ‘completely end abortion’ and ‘make it unthinkable and illegal."
• Lloyd Mayer was quoted by Orlando Sentinel, in the article, “Amesty leaves trail of falsehoods, unpaid taxes and bills, records show.”
• Christian Burset hosted a conference last week on English Legal History at the London Global Gateway. David Waddilove and Matthew Dyson were also two of the conference participants.
• Butterworth's Journal of International Banking and Financial …

Ndls Communicator: Week Of 08.07.23, Notre Dame Law School

NDLS Communicator

The Latest News

• The Religious Liberty Initiative and Brigham Young University’s International Center for Law and Religion Studies recently hosted a conference at the University of Oxford.
• Emily Bremer has been appointed a Senior Fellow of the Administrative Conference of the United States (ACUS), an independent federal agency that provides authoritative, nonpartisan legal advice on administrative law and federal regulatory procedures.
• Mary Ellen O'Connell was on “Background Briefing with Ian Masters” podcast.
• Nicole Garnett reviewed “Sacred Easements,” a forthcoming paper in the Virginia Law Review written by new faculty member Rev. Patrick Reidy, C.S.C.
• Jimmy Gurulé was quoted about the …

Ndls Communicator: Week Of 07.24.23, Notre Dame Law School

NDLS Communicator

The Latest News

• 2023 Notre Dame Religious Liberty Summit Protecting Religious Liberty in a Rapidly Evolving Society
• ND Law’s Exoneration Justice Clinic hosts two interns from Strathmore Law School in Kenya
• ND Law Dean G. Marcus Cole included on list of Indiana’s most influential leaders
• Bruce Huber was quoted in the Washington Post article, "How a tree dispute between New Jersey neighbors took over the internet."
• Christian Burset wrote a blog post for Yale Journal on Regulation that compares the Major Questions Doctrine to 18th-century approaches to identifying the limits of executive authority.
• Paul Miller, along with Thilo Kuntz from …

Amicus Curiae Brief Of International Scholars In Support Of Appellee And Affirmance, Paul M. Levine, James J. East Jr., Carlos Ramos-Mrosovsky, Diane Desierto

Court Briefs

No. 23-7008
Ioan Micula v. Government of Romania

On Appeal from the United States District Court for the District of Columbia, Case No. 1:17-cv-02332-APM Hon. Amit P. Mehta, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID award in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state dispute settlement, and precisely the result …

Nd Law Dean G. Marcus Cole Included On List Of Indiana’S Most Influential Leaders, Notre Dame Law School

2019–Present: G. Marcus Cole

IBJ Media — the parent company of the Indianapolis Business Journal, Inside INdiana Business, and Indiana Lawyer — published its second annual Indiana 250 list of the state’s most influential leaders today.

G. Marcus Cole, the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School, was among those recognized.

Perma.cc

2023 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Remarks At Gala & Award Dinner, Marcus Cole

2019–Present: G. Marcus Cole

Dean Marcus G. Cole, founder of the Notre Dame Law School's Religious Liberty Initiative welcomes participants of the third annual Notre Dame Religious Liberty Summit Gala Dinner.

Perma.cc

2023 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Welcome Remarks, Marcus Cole

2019–Present: G. Marcus Cole

Dean G. Marcus Cole, founder of Notre Dame Law School's Religious Liberty Initiative welcomes participants to the third annual Notre Dame Religious Liberty Summit in London.

Perma.cc

Ndls Communicator: Week Of 07.10.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Religious Liberty Summit
• Notre Dame Law School grants tenure to four professors
• ND Law Professors Samuel Bray and Paul Miller cited in U.S. Supreme Court opinion
• Cohen's Handbook of Federal Indian Law, a treatise edited by Nell Newton, was cited several times in opinions issued on June 22 in Arizona v. Navajo Nation, a case in which the Supreme Court determined that the 1868 Treaty of Bosque Redondo did not require the federal government to take affirmative steps to secure water for the Navajo Nation.
• Professor Paolo Carozza delivers keynote lecture at Pontifical Catholic University …

Amicus Curiae Brief Of International Scholars In Support Of Appellee And Affirmance, Paul M. Levine, James J. East Jr., Carlos Ramos-Mrosovsky, Diane Desierto

Court Briefs

No. 23-7031, 23-7032
NextEra Energy Global Holdings B.V. v. Kingdom of Spain

On Appeal from the United States District Court for the District of Columbia, Case Nos. 1:19-cv-1618 and 1:19-cv-1871 Hon. Tanya S. Chutkan, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID awards in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state …

There Are No Unconstitutional Conditions On Free Exercise, Michael A. Helfand

Notre Dame Law Review Reflection

Maybe no passage about the unconstitutional conditions doctrine is quite as memorable as the judgment rendered by Adam Cox and Adam Samaha: “You can easily question the judgment of anyone who writes a paper, even an essay, with ‘unconstitutional conditions’ in the title. The topic is very 1980s and scholars lost their enthusiasm for it not long after the Go-Go’s broke up.”

And yet, recent court decisions—and the government response to them—have thrust the doctrine back onto the scholarly agenda. At the center of this renewed interest is a series of recent Supreme Court cases prohibiting exclusion of religion and …

Religious Liberty For Religious Child-Welfare Organizations: Promises And Perils, Asma T. Uddin

Notre Dame Law Review Reflection

In the 2015 case Obergefell v. Hodges, the U.S. Supreme Court held that states cannot deny same-sex couples access to marriage and its accompanying benefits. Some religious communities with traditional beliefs about marriage and sexuality responded to the ruling with strong concerns about its potential impact on their religious exercise.

One area of concern involved religious child-welfare organizations that work with the state to provide these services. In all states, there are two options for prospective parents seeking to adopt children. In the private system, birth parents voluntarily place their child up for adoption through a private organization. In …

Free Exercise Renewal And Conditions On Government Benefits, Thomas C. Berg

Notre Dame Law Review Reflection

When the government puts a condition on funding or other benefits that it provides, can it impose that condition on a recipient (organization or individual) whose religious character or tenets conflict with the condition? That question arises in some of today’s most prominent religious-freedom controversies, actual and potential. Conditions accompanying certain federal contracts and funding programs prohibit discrimination based on religion or sexual orientation; those conditions may prevent a recipient organization from requiring that its leaders or employees affirm or live consistently with its religious tenets. Even the highly uncertain prospect that the federal government might someday strip tax exemptions …

Assisted Suicide, Forced Cooperation, And Coercion: Reflections On A Brewing Storm, Lucia A. Silecchia

Notre Dame Law Review Reflection

Because government funds to institutions and individuals finance a significant amount of medical care in the United States, the prospect of conditions or “strings” attached to that funding is an ever-present specter. Furthermore, the fact that institutions and individuals require licenses to provide medical care also raises these possibilities as the brave new world of medicine poses far more moral dilemmas than anticipated even a brief time ago.

This has led many institutions and individuals to refrain from various activities, believing that to do so would constitute direct or material cooperation in an evil activity. Their ability to avoid participation …

Mysterizing Religion, Marc O. Degirolami

Notre Dame Law Review Reflection

A mystery of faith is a truth of religion that escapes human understanding. The mysteries of religion are not truths that human beings happen not to know, or truths that they could know with sufficient study and application, but instead truths that they cannot know in the nature of things. In the Letter to the Colossians, St. Paul writes that as a Christian apostle, his holy office is to “bring to completion for you the word of God, the mystery hidden from ages and from generations past.” Note that Paul does not say that his task is to make everybody …