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Unopposed Brief Amicus Curiae Of Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Appellant, Stephanie Hall Barclay, Francesca Matozzo

Court Briefs

No. 23-131
Franklin Loving v. Robert Morton

Appeal from the United States District Court for the Southern District of New York, No. 3:20-cv-11135

From the Summary of Argument

The Second Circuit should re-examine its precedent to allow for monetary damages for individual-capacity suits under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for three reasons. First, RLUIPA’s text follows the same approach as 42 U.S.C. § 1983 and should be interpreted to afford the same types of broad remedies. Before Employment Division of Oregon v. Smith, 494 U.S. 872 (1990), reduced the availability of free exercise claims, free …

Amicus Curiae, Stephanie Barclay, Nicole Garnett, Diane Desierto, Richard Garnett, John Meiser, Jorge Barrera-Rojas

Court Briefs

No. T9117732
Sandoval v. Universidad Nacional de Colombia

This Amicus Brief is presented to this Honorable Constitutional Court by the undersigned so that the considerations and arguments contained therein are helpful in the just resolution of the conflict submitted to your knowledge and that, for purposes of clarity, are structured as follows:
(These statements are followed by the Table of Contents)

From the Argument

Non-discrimination on religious grounds in education is expressly prohibited in international human rights treaties, whether regional or universal. Moreover, many of them are ratified by Colombia and therefore impose international obligations of direct and immediate effect, …

Mmu: 04/24/23–04/30/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

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General Announcements

1L of the Week: Victoria Villanueva

Ask a 3L: Joe Ferraro

Jackie's Corner

Ndls Communicator: Week Of 04.24.23, Notre Dame Law School

NDLS Communicator

The Latest News

• John Garvey gives Rice-Hasson Distinguished Lecture
• Notre Dame Law School holds second annual Interfaith Dinner in observance of Ramadan, Passover, Easter, and Ridvan
• The DEI Podcast, Episode 5: The Mental Health Crisis in Prisons
• Harvard University Press releases Spanish translation of Professor Carter Snead’s book, ‘What It Means to be Human’
• Stephanie Barclay was interviewed in the Time article, "The Post Office Made a Christian Employee Work on Sundays. Now He's at the Supreme Court," about the case of Groff v. DeJoy.
• Avishalom Tor was one of the speakers at a workshop on Applying Behavioural Insights to …

Mmu: 04/17/23–04/23/23, Student Bar Association

Monday Morning Update

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Staff Appreciation: Beth Smith

1L of the Week: Zach Lebreiro

Ask a 3L: Malcolm Chaka

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Ndls Communicator: Week Of 04.17.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Marcus Cole was one of the keynote speakers at the 10th annual Iowa Religious Freedom Day. He spoke about the value of religious freedom in society.
• Nicole Garnett and Meredith Kessler wrote an op-ed for the Wall Street Journal.
• Mary Ellen O'Connell was one of the Notre Dame experts who talked to ND News about the recent attention toward Taiwan and its impact on U.S.-China relations.
• Nicole Garnett was quoted in the New York Times article, "Nation’s First Religious Charter School Could Be Coming to Oklahoma."
• Jeff Pojanowski spoke about "Enduring Originalism’ and common law constitutionalism at …

Mmu: 04/10/23–04/16/23, Student Bar Association

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This Week @ NDLS

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1L of the Week: Morgan Rubino

2Ls Taking Ls: Lizzy Forzley

Ask a 3L: Emma Hildebrand

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Ndls Communicator: Week Of 04.10.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Law students from Ukrainian Catholic University learning at Notre Dame this spring
• Spring break course brings students to London to learn about international capital markets
• Panelists share insights on Carson v. Makin and the legal landscape for school choice
• Marcus Cole was recently inducted as a Fellow into the American College of Bankruptcy at a ceremony on March 24.
• Fr. John Paul Kimes was quoted by First Things in the article, "Attacks on the seal of the confessional."
• Sam Bray was quoted by the New York Times in the article, "With dueling rulings, abortion pill cases appear …

Mmu: 04/03/23–04/09/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

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NDLS Faculty & Staff Spotlights: Ann Kiley

1L of the Week: Sage Yang

Ask a 3L: Morgan Cleary

Sport Report by Stephen Nugent

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Ndls Communicator: Week Of 04.03.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law enhances Loan Repayment Assistance Program
• Professor Paolo Carozza testifies before Inter-American Court of Human Rights
• .ND LAMB co-sponsors 10th University of Lucerne Law and Economics Conference
• .Christine Venter gave the Judy Stinson Lecture at ASU Law where she presented her award-winning paper Dissenting from the Bench: The Performative Jurisprudence of Ruth Bader Ginsburg and Antonin Scalia, which was recently published in the Wake Forest Law Review.
• Nicole Garnett was quoted in the The Tablet article, "Oklahoma Dioceses Hoping for Green Light on First U.S. Religious Charter School."
• Diane Desierto was a panelist for The Brooklyn …

Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder

Notre Dame Journal on Emerging Technologies

Americans are rapidly adopting innovative technologies which are pushing the frontiers of reality. But, when they look at how their privacy is protected within the new extended reality (XR), they will find that U.S. privacy laws fall short. The privacy risks inherent in XR are inadequately addressed by current U.S. data privacy laws or courtcreated frameworks that purport to protect the constitutional right to be free from unreasonable searches. Many scholars, including Ryan Calo, Danielle Citron, Sherry Colb, Margaret Hu, Orin Kerr, Kirsten Martin, Paul Ohm, Daniel Solove, Rebecca Wexler, Shoshana Zuboff, and others, have highlighted the gaps in U.S. …

Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer

Notre Dame Journal on Emerging Technologies

This paper analyzes recent American regulations regarding international telecommunications firms that have been restricted from doing business in the United States, as apparent threats to national security. The paper will include policy-oriented research into the relevant legislation, plus more theoretical research on the framing of geopolitical disputes and the transparency of the resulting regulatory actions. There has been some suspicion from journalists and government watchdogs that such restrictions are politically motivated, with dramatic claims of national security threats leading to non-transparent trade regulations. This paper discusses the framing of geopolitical disputes and their impact on trade policy in the telecommunications …

U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton

Notre Dame Journal on Emerging Technologies

After nearly a decade and a half since the creation of the first cryptocurrency, crypto regulation in the United States is fragmented, with different measures taken at the federal and state levels, and even within and among agencies. This sluggish speed is not necessarily a surprise as government regulation has always chased rapid advancements in technology and associated consumer and market behavior changes. However, this is a precarious position for the United States--and the world--as the U.S. is a leader in the global financial community, the high concentration of crypto-based wealth, and economies’ increasingly interconnected and interdependent nature. This working …

Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum

Notre Dame Journal on Emerging Technologies

The non-fungible token (“NFT”) is a type of digital asset that is usually associated with an image and has a unique identifier. An NFT cannot be copied or reproduced, and records of NFT transactions are stored on the blockchain. NFTs are a recent innovation and have swept the world by storm. NFT sales tripled from 2019 to 2020 and DappRadar—the premier platform for hosting decentralized NFT portfolio management applications—estimates that NFT sales hit twenty-five billion dollars in 2021. Many NFTs appear to be artistic works and, either individually or in a collection, can be given away for free, sold for …

Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman

Notre Dame Journal on Emerging Technologies

In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.

Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …

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

Notre Dame Lawyers Connect

Major LRAP improvements

Two justices visit ND Law - Justice Brett Kavanaugh, Justice Amy Coney Barrett

Dean Cole presents St. Thomas More CLE

BLSA Alumni Weekend 50th Reunion

Upcoming Events

• April 14: Rice-Hasson Distinguished Lecture
• April 29: Notre Dame Global Day of Service
• June 6: ND Lawyers of New York City
• September 23: Law School Homecoming

In Memoriam - Judge Edward Leavy

Alumni Notes

• Casey Ryan
• Charlie Weiss
• Pier Pigozzi

Brief Of Federal Courts Professor Derek T. Muller As Amicus Curiae In Support Of Petitioners, Christopher G. Michel, Rachel G. Frank, Isabel R. Peraza, Katherine Schroeder, Derek T. Muller

Court Briefs

No. 22-824
The Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Alexander Belya

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

From the Introduction and Summary of Argument

This case presents an exceptionally important question at the intersection of civil procedure and constitutional law. Under 28 U.S.C. § 1291, federal courts of appeals have jurisdiction over appeals from “final decisions of the district courts.” That provision, which “descends from the Judiciary Act of 1789,” has long been understood to confer appellate jurisdiction over more than just …

Mmu: 03/27/23–04/02/23, Student Bar Association

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NDLS Faculty & Staff Spotlights: Margaret Lloyd

Ask a 3L: Guillermo Ramon Maria Perez Warnisher

Sport Report by Stephen Nugent

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Ndls Communicator: Week Of 03.27.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Paol0 Carozza was asked to serve as an expert witness before Inter-American Commission on Human Rights Court in the Beatriz et al. v. El Salvador case. The case relates to the alleged violations of the rights of Beatriz and her family due to the prohibition of the voluntary termination of pregnancy in El Salvador, which allegedly prevented her from the possibility of accessing a legal, early and timely termination when dealing with of a situation of alleged risk to life, health and personal integrity; as well as the non-viability of the fetus outside the womb. Paolo testified …

Mmu: 03/20/23–03/26/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

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NDLS Faculty & Staff Spotlights: Patti McLaughlin

Ask a 3L: Josh Lacoste

Jackie's Corner

Ndls Communicator: Week Of 03.20.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Diane Desierto serves as co-counsel in landmark UN ruling for Filipina ‘comfort women’
• Margarette Macaulay of the Inter-American Commission on Human Rights and Afghan alumni discuss protecting women’s rights
• Mary Ellen O’Connell was quoted in the Guardian article, “Miscalculation fears rise after Russian fighter jet collides with US drone over Black Sea.”
• Lloyd Mayer was quoted extensively by ABC in the report, “Trump loyalist Kash Patel’s tax-exempt charity raises questions, experts say.”
• Nicole Garnett published "Unlocking the Potential of Private-School Choice: Avoiding and Overcoming Obstacles to Successful Implementation for the Manhattan Institute."
• Jeff Pojanowski gave a …

Unlocking The Potential Of Private-School Choice: Avoiding And Overcoming Obstacles To Successful Implementation, Nicole Stelle Garnett

Books

The parental-choice movement has secured a number of important victories in recent years. There are now 65 private-school-choice programs in the U.S., serving approximately 700,000 students, including new universal education savings account programs in Arizona, Arkansas, Iowa, Utah, and West Virginia. Despite this progress, however, existing private-school-choice programs have, in some ways, fallen short of their transformational potential. The number of students served remains stagnant and below capacity in many states, faith-based (and especially Catholic) schools continue to close despite new eligibility for public funds, most funds are used to fill seats in existing schools and rather than driving the …

The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten

Journal of Legislation

No abstract provided.

Table Of Contents And Masthead

Journal of Legislation

No abstract provided.

Backlash: After 40 Years Of Tort Reform Noise, Let's Change The Tone, Undo The Harm, And Correct The Big Lie, Andrew F. Popper

Journal of Legislation

No abstract provided.

Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang

Journal of Legislation

No abstract provided.

Panicked Legislation, Catherine L. Carpenter

Journal of Legislation

No abstract provided.

Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary

Journal of Legislation

No abstract provided.

Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker

Journal of Legislation

No abstract provided.

Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright

Journal of Legislation

No abstract provided.