Law Commons^™

Mmu: 09/05/22–09/11/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Justin Vickers

Ask a 3L: Riley Compton

Restaurant Review by Melissa Iannuzzi

Sport Report by Stephen Nugent

Jackie's Corner

Notre Dame Lawyers Connect: September 2022, Notre Dame Law School

Notre Dame Lawyers Connect

Notre Dame Hosts 2022 Religious Liberty Summit in Rome

New NDLA Board Members

Professors Matt Barrett and Judy Fox retire from ND Law

Alumni Spotlights

• The Law as Leverage, Judge Mary Yu '93 J.D.
• Ballfield to law field: Notre Dame baseball teammates now represent MLB Players Association, Matt Nussbaum '00, '04 J.D. and Jeff Perconte '00, '03 J.D.

Events

• Marcus and Marcus in NYC
• Notre Dame Lawyer Summer Events: Indianapolis and Los Angeles
• Homecoming September 16-17, 2022
• “Staying in the Game”
• 5th annual Law Homecoming Tailgate

Alumni Notes

• Ophelia S. Camina
• Gregory R. Ripple
• Jeremiah Lee

Mmu: 08/29/22–09/04/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Sudeep Kalkunte

2Ls Taking Ls: Lizzy Forzley

Ask a 3L: Matteo Taraborrelli

Sport Report by Stephen Nugent

Jackie's Corner

Ndls Communicator: Week Of 08.29.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Exchange program in Africa
• Matthew Dyson, who teaches in our ND London Law Programme, published a new book "Explaining Tort and Crime."
• Emily Bremer wrote about new material available for law instructors in the Regulatory Review.
• The Research Program on Law and Market Behavior will cosponsor the first annual International Behavioural Public Policy Conference at the London School of Economics and Political Science on September 7-10.
• Nicole Garnett discussed religious liberty in schools today along with her recent article, “A Victory for Religious Liberty and Educational Pluralism" on the First Things podcast.
• Lloyd Maher was quoted in …

Mmu: 08/22/22–08/28/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Message from your editor: Lizzy Forzley

1L of the Week: Sarah Brown

2Ls Taking Ls: Zach Beculheimer

Ask a 3L: Blake Hale

Sport Report by Stephen Nugent

Restaurant Review by Melissa Iannuzzi

Jackie's Corner

Ndls Communicator: Week Of 08.22.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Bruce Huber was quoted in the USA Today article, "Fact check: GOP senators blocked Merrick Garland's Supreme Court nomination, not Trump."
• Sherif Girgis was quoted in the Vox article, "There’s a bipartisan bill to codify Roe — and abortion rights groups can’t stand it."

Student News

• The London Law students have arrived to start the fall semester. They are pictured here with our London program director Mary Denner.

Events

• Monday, August 22: First day of classes
• Law School Kick-off Lunch, 12:30, Smith Ballroom, Morris Inn
• Tuesday, August 23: Opening Mass, 5:15 p.m., Basilica of the Sacred Heart …

Ndls Communicator: Week Of 08.15.22, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Samuel Alito delivered the keynote address at the 2022 Notre Dame Religious Liberty Summit
• Religious Liberty Summit Awards
• RLI Summit Videos
• Professor Samuel Bray elected to the American Law Institute
• Jay Tidmarsh was quoted in the Detroit News
• Lloyd Mayer was quoted by Exposed by CMD in two articles about the 501(c)(4) organization funded by the Koch family.
• Jimmy Gurulé was quoted by Newsweek in "Why Did Trump Plead The Fifth Amendment?—What We Do Know, What We Don't."
• Diane Desierto contributed to the new issue of the European Journal of International Law.
• Stephanie …

Hearing Before The United States Senate Committee On Rules And Administration: The Electoral Count Act: The Need For Reform, Derek T. Muller

Congressional Testimony

Originally published by the United States Senate Committee on on Rules and Administration

Perma.cc

Copy of Testimony

Perma.cc

Ndls Communicator: Week Of 07.25.22, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law held its second annual Religious Liberty Summit in Rome, Italy
• Mary Ellen talked to Notre Dame Magazine about war and peace and the role of international law in maintaining global stability.
• Notre Dame Law School hosted ND Football Coach Marcus Freeman at a recent event for alumni and students in New York.
• Nell Jessup Newton will serve as interim dean at Wake Forest Law School beginning August 1.
• Sam Bray wrote "New SG Filing on "Universal Relief" Under the Administrative Procedure Act" for The Volokh Conspiracy.
• In an op-ed for the National Review, Nicole Garnett …

2022 Religious Liberty Summit: Opening Remarks By Dean Cole, Marcus Cole

2019–Present: G. Marcus Cole

Notre Dame Law School's Religious Liberty Initiative held the second annual Notre Dame Religious Liberty Summit in Rome, Italy, from July 20-22, 2022.

Dean G. Marcus Cole, the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School, is the founder of the Religious Liberty Initiative. He offered opening remarks to welcome attendees on July 20.

Learn more about ND Law's Religious Liberty Initiative at https://law.nd.edu.

Ndls Communicator: Week Of 07.11.22, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law to hold second annual Religious Liberty Summit in Rome, Italy
• Mary Ellen O’Connell was interviewed by Time in the article, "As Russia Threatens Captured American Vets, U.S. Invokes Laws of War."
• Bruce Huber was interviewed by the New York Times in the article, "Gridlock in Congress Has Amplified the Power of the Supreme Court."
• Sam Bray wrote about the new Notre Dame Law Review federal courts issue in, “Ground-Breaking Articles on Equity in the Federal Courts."
• Jimmy Gurulé was quoted by AP News in "1/6 hearings fuel the question: Did Trump commit a crime?"
• Lloyd …

It Should Not Matter What Type Of Officer Wrongly Arrests You: Using Civil Rights Actions To Protect Peaceful Protestors, Cole Craghan

Journal of Legislation

No abstract provided.

Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer

Journal of Legislation

No abstract provided.

"Seven Years' Worth Of Opportunity": Championing Diversity And Inclusion As Chief Circuit Judge, Carl E. Stewart

Journal of Legislation

No abstract provided.

Why Not More States?: States' Importance To Democracy And Statehood's Relevance To Twenty-First Century America, Jennifer K. Mitchell

Journal of Legislation

No abstract provided.

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

Encroaching On Command Authority: How History Informs The "Military Justice Improvement And Increasing Prevention Act", Emma K. Hildebrand

Journal of Legislation

No abstract provided.

Subsidizing The Unvaccinated: Considering The Legality And Practicality Of Vaccine Mandates For Those On Public Assistance, Michael Conklin

Journal of Legislation

No abstract provided.

Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott

Journal of Legislation

No abstract provided.

Ndls Communicator: Week Of 06.20.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic files amicus brief supporting school choice in Kentucky
• Research Program on Law and Market Behavior and University of Lucerne to host Graduate Academy for Law and Economics
• Professor Richard Garnett co-authors book analyzing Supreme Court cases on religious freedom
• Religious Liberty Clinic files amicus brief with Religious Freedom Institute to protect the rights of prisoners
• Diane Desierto's article, "The Human Right to Food, Freedom from Hunger, and SDG 2: Global Food Crisis and Starvation Tactics from the Russian Invasion of Ukraine," was featured in EJLI Talk!
• Lloyd Mayer was interviewed by Marketplace in “What …

Brief Of Amicus Curiae Edchoice Kentucky In Support Of Appellants, Philip D. Williamson, John A. Meiser

Court Briefs

No. 2021-SC-0522
McNeary v. Council for Better Education, Inc.

Appeal from Franklin County Circuit Court Hon. Phillip Shepherd Civil Action No. 21-CI-00461

From the Purpose of Brief & Introduction

For these reasons, Kentucky has given more families the opportunity to have their children attend the school—public or private—that best suits their needs. That opportunity should not be denied based on the erroneous decision of the court below or because of equally erroneous concerns that educational choice is somehow a reform to be feared.

Ndls Communicator: Week Of 06.06.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic files brief in Ohio to defend religious schools from discrimination
• Bruce Huber's article, "Negative-Value Property," was chosen as one of the top five articles in environmental law published over the last year.
• Mary Ellen O'Connell was quoted in the Wall Street Journal about the impact of Ukraine initiating legal processes with Russian soldiers while the war is still ongoing.
• Roger Alford wrote "The Bipartisan Consensus on Big Tech" for Emory Law Review.
• Emily Bremer will be on the Law and Governance discussion series, “The Undemocratic Roots of Agency Rulemaking” on June 8.
• Sherif Girgis …

Brief Of Amicus Curiae Religious Freedom Institute In Support Of Petitioner, John A. Meiser, Nicole Stelle Garnett, Richard W. Garnett Iv, Francesca Genova Matozzo

Court Briefs

No. 21-1405
Lester J. Smith v. Timothy Ward

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

From the Summary of Argument

Lester Smith comes to this Court in unusual circumstances: the district court found that the Georgia Department of Corrections offered no rationale that could justify its prohibition on beards longer than half an inch under RLUIPA, and yet— without disputing that finding—the Eleventh Circuit ruled that the State may still enforce the half-inch limitation against Smith. The Eleventh Circuit’s denial of any relief from what has been shown to be …

Law, Equity, And Supplemental Jurisdiction, James E. Pfander, Peter C. Douglas

Notre Dame Law Review

As remedies scholars continue to reflect on the consequences of the 1938 merger of law and equity into one civil action, it may be worth pondering a second merger. In 1990, responding to a Supreme Court opinion that highlighted the absence of such authority, Congress adopted a statutory framework for the exercise of judge-made doctrines of pendent and ancillary jurisdiction. In the statute, 28 U.S.C. § 1367, Congress merged the two doctrines, lumping them together in a provision for the exercise of supplemental jurisdiction over claims that bear an appropriate relationship to civil actions within the district courts’ original jurisdiction. …

Federal Judicial Power And Federal Equity Without Federal Equity Powers, John Harrison

Notre Dame Law Review

This Article discusses the ways in which the federal courts do and do not have equity powers. Article III courts have the judicial power, which enables them to apply the law, primary and remedial. Applicable remedial law often includes the law of equitable remedies, so the federal courts have the power and obligation to give remedies pursuant to equitable principles. The law of equitable remedies, written and unwritten, is external to the courts, not created by them, the same way written law is external to the courts. Because the unwritten law of equitable remedies is found largely in judicial practice, …

Equity's Federalism, Kellen Funk

Notre Dame Law Review

The United States has had a dual court system since its founding. One might expect such a pronouncement to refer to the division between state and federal courts, but in the early republic the equally obvious referent would have been to the division between courts of common law and the court of chancery—the distinction, that is, between law and equity. This Essay sketches a history of how the distinction between law and equity was gradually transformed into a doctrine of federalism by the Supreme Court. Congress’s earliest legislation jealously guarded federal equity against fusion with common law at either the …

A Responsive Remedy For Unconstitutional Removal Restrictions, William C. Eisenhauer

Notre Dame Law Review

The Supreme Court has inconsistently approached the remedies in unlawful removal restriction cases. This inconsistency fails to redress plaintiffs injured by unlawful executive power, blurs the separation of powers, and discourages other constitutional actors from considering their actions’ implications.3 This Note proposes a straight-forward solution to those problems.

It begins in Part I by laying out the mechanics of appointment and removal, with special attention to the constitutional and precedential intricacies of the removal power. Part II introduces the remedial problem by describing the Supreme Court’s two most recent removal cases and identifying the problematic inconsistencies. Part III dis-cusses in …

Administrative Stays: Power And Procedure, Rachel Bayefsky

Notre Dame Law Review

Federal courts are often asked to issue various forms of expedited relief, including stays pending appeal. This Article explores a little examined device that federal courts employ to freeze legal proceedings until they are able to rule on a party’s request for a stay pending appeal: the “administrative” or “temporary” stay. A decision whether to impose an administrative stay can have significant effects in the real world, as illustrated by recent high-profile litigation on topics including immigration and abortion. Yet federal courts have not endorsed a uniform standard for determining whether an administrative stay is warranted or clarified the basis …

Empire In Equity, Seth Davis

Notre Dame Law Review

This Essay tells a story of how a contest for empire contributed to the law of justiciability in the U.S. federal courts. It begins in the eighteenth century in the Carnatic, a region in East India, winds its way through the territory of the Cherokee Nation in the nineteenth century, and eventually touches on the State of Tennessee in the twentieth. It is a story about a 1793 decision of the English Court of Chancery that American lawyers and judges would come to cite for the principles that courts will not address political questions and that equity will not intervene …

Rethinking Patents Within The Natural Law, Nicholas A. D'Andrea

Notre Dame Law Review

Though one scholar has directly suggested an implementation of Thomas Aquinas’s natural law concepts to United States patent law, that proposal has not been analyzed in light of modern patent law subject matter eligibility jurisprudence. In Part I of this Note, I trace the origins of natural law and natural rights in patents through English and United States legal history. In Part II, I outline the philosophical principles of natural law and natural rights necessary for understand-ing patent law. In Part III, I highlight the deemphasis of property rights in patent law, including in cases such as Alice and Oil …