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Mary EllenO'Connell3104 Eck Hall of Law574.631.7953574.631.4197MaryEllenOConnell@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=375701http://www.nd.edu/~ndlaw/faculty/cv/oconnell_cv.pdf
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Mary Ellen O'Connell is the Robert and Marion Short Professor of Law and is Research Professor of International Dispute Resolution—Kroc Institute, University of Notre Dame. O’Connell’s research is in the areas of international law on the use of force and international legal theory. She is the author or editor of numerous books and articles on these subjects, including, <i>The Prohibition of the Use of Force, in</i> RESEARCH HANDBOOK ON INTERNATIONAL CONFLICT AND SECURITY LAW, JUS AD BELLUM, <i>JUS IN BELLO AND JUS POST BELLUM</i> (N. D. White and C. Henderson eds., Edward Elgar 2013); <i>Peace and War, in</i> The HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW, (B. Fassbender and A. Peters, eds. Oxford, 2012); <i>Unlawful Killing with Combat Drones, A Case Study of Pakistan 2004-2009, in</i> SHOOTING TO KILL: SOCIO-LEGAL PERSPECTIVES ON THE USE OF LETHAL FORCE (Simon Bronitt, et al. eds., Hart Publishing, 2012); <i>Cyber Security Without Cyber War,</i> 17 J. CONFLICT & SECURITY LAW, 187 (2012); WHAT IS WAR? AN INVESTIGATION IN THE WAKE OF 9/11 (Martinus Nijhof/Brill, 2012); and THE POWER AND PURPOSE OF INTERNATIONAL LAW, INSIGHTS FROM THE THEORY AND PRACTICE OF ENFORCEMENT (Oxford 2008, paperback 2011). O’Connell has been named a Senior Law Fellow at the Center for Theological Inquiry in Princeton for the 2014-2015 academic year. O’Connell was a vice president of the American Society of International Law from 2010-2012; she chaired the Use of Force Committee of the International Law Association from 2005 to 2010. Before joining the faculty at Notre Dame, she was a faculty member at The Ohio State University, the Johns Hopkins University Nitze School of Advanced International Studies Bologna Center, and Indiana University. From 1995 to 1998, she was a professional military educator for the U.S. Department of Defense in Garmisch-Partenkirchen, Germany. Prior to joining the academy, she practiced law with the Washington, D.C.-based international law firm, Covington & Burling. O’Connell earned her BA in history at Northwestern with highest honors. She won a Marshall Scholarship for graduate study in the UK, where she earned an MSc in international relations at the LSE and an LLB with first class honors, Cambridge University. She holds a JD from Columbia Law School where she won Columbia’s Berger Prize for International Law. In July 2013, O’Connell received the PhD under special regulation from Cambridge University.  /assets/71673/original/oconnell.jpgLAW70401, International Law LAW70431, International Environmental Law (Netid Required) LAW73402, International Art Law LAW73428, International Law and the Use of Force LAW75718, International Dispute Resolution (Netid Required) <b> Recent Publication</b> <b>Books</b> WHAT IS WAR? AN INVESTIGATION IN THE WAKE OF 9/11 (Martinus Nijhof/Brill, edited volume, 2012) INTERNATIONAL DISPUTE RESOLUTION, CASES AND MATERIALS (Carolina, 2d ed. 2012) THE POWER AND PURPOSE OF INTERNATIONAL LAW, INSIGHTS FROM THE THEORY AND PRACTICE OF ENFORCEMENT (Oxford University Press, paperback, 2011)(hardback published, 2008; reviewed in the AM. J. INT’L L., EUR. J. INT’L L., HUMAN RTS Q., ILSA J. and other journals and on-lines sites) THE INTERNATIONAL LEGAL SYSTEM, CASES AND MATERIALS (with N. Roht-Ariaza and R. Scott, Foundation, fully revised and updated 6th ed. 2010) INTERNATIONAL LAW AND THE USE OF FORCE, CASES AND MATERIALS (Foundation, 2d ed. 2009) INTERNATIONAL LAW AND THE “GLOBAL WAR ON TERRORISM”, LECTURES FOR THE UNIVERSITY OF PARIS II (Assas-Pantheon) (Editions-Pedone 2007) REDEFINING SOVEREIGNTY, THE USE OF FORCE AFTER THE COLD WAR (edited volume with M. Bothe and N. Ronzitti eds., Transnational, 2005) INTERNATIONAL DISPUTE SETTLEMENT, LIBRARY OF ESSAYS IN INTERNATIONAL LAW (Ashgate/Dartmouth, edited volume, 2003) PROCEEDINGS OF THE 2002 ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (with R. Alford, ed. ASIL) POLITICS, VALUES AND FUNCTIONS: INTERNATIONAL LAW IN THE 21ST CENTURY, ESSAYS IN HONOR OF PROF. LOUIS HENKIN (with J. Charney and D. Anton, eds., Kluwer Law International 1997) INTERNATIONAL LAW AND THE USE OF FORCE (with T. Ehrlich, Little, Brown & Co., 1993) <br /> <b>Articles and Book Chapters</b> <a href="http://jcsl.oxfordjournals.org/cgi/reprint/krs017?ijkey=T6J6KDRCRcHM4Ao&keytype=ref%20"><i>Cyber Security without Cyber War</i></a>, 17 J. CONFLICT & SECURITY L. 187-209 (2012). <a href="http://jicj.oxfordjournals.org/cgi/reprint/mqs003?ijkey=ex2ayU0IWCLozyK&keytype=ref".<i>What is Aggression?: Comparing the Jus ad Bellum and the ICC Statute</i> (with M. Niyazmatov) 10 J. INT’L CRIM. J. 189 (2012) <i>Jus Cogens, International Law’s Higher Ethical Norms, in</i> THE ROLE OF ETHICS IN INTERNATIONAL LAW (Donald Earl Childress III ed. Cambridge, 2011)(an earlier version of the article was published in JORNADAS DE DERECHO INTERNACIONAL (2010). <a href="http://ssrn.com/abstract=1912635"><i>Seductive Drones: Learning from a Decade of Lethal Operations,</i></a> J. LAW, INFO. & SCI. (special issue; DOI: 10.5778/JLIS.2011.21.Oconnell.1) <i>The Natural Superiority of Courts</i>, FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA (Oxford Univ. Press., 2011). <i>The Choice of Law Against Terrorism,</i> 4 J. NAT’L SEC. L. & POL’Y 343 (2010). <i>Responsibility to Peace: A Critique of R2P,</i> 4 J. INTERVENTION AND STATEBUILDING 39 (Mar. 2010) republished in CRITICAL PERSPECTIVES ON THE RESPONSIBILITY TO PROTECT: INTERROGATING THEORY AND PRACTICE (Philip Cunliffe ed. Routledge, 2011). <i>NATO at Sixty: America Between Law and War,</i> 17 Ind. J. Global L. Studies 187 (2010). <i>Responses to Ten Questions,</i> 36 Wm. Mitchell L. Rev. 5127 (2010) (special ed., J. of the Nat’l Security Forum) (responding to ten questions posed by the editors of the special edition). <i>Arbitration and the Avoidance of War: The 19th Century American Vision in</i> THE UNITED STATES AND INTERNATIONAL COURTS AND TRIBUNALS 30 (Cesare Romano ed., Cambridge, 2009) <i>Combatants and the Combat Zone,</i> 43 University Of Richmond Law Review 845 (2009). <i>Beyond Wealth: Stories of Art, War, and Greed,</i> 59 ALA. L. REV. 1075 (2008) <i>Preserving the Peace: The Continuing Ban on War Between States,</i> 38 CAL. WESTERN L. REV. 41 (2008) <i>Die Forderung nach humanitären Interventionen – eine kritische Betrachtung,</i> im DAS RECHT UND DIE MACHT. BEITRÄGE ZUM VÖLKERRECHT UND VÖLKERSTRAFRECHT AM BEGINN DES 21. JAHRHUNDERTS (Gerd Hankel ed., 2008) (<i>The Claims for Humanitarian Intervention, A Critical Observation in Law and Power, in</i> CONTRIBUTIONS TO INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW AT THE BEGINNING OF THE 21ST CENTURY) <i>Rethinking the Remedy of Return in International Art Law</i> (with M. Alevras-Chen), <i>in</i> THE ACQUISITION AND EXHIBITION OF CLASSICAL ANTIQUITIES, PROFESSIONAL, LEGAL AND ETHICAL PERSPECTIVES 114 (Robin F. Rodes ed. 2008) <i>The Nicaragua Case: Preserving World Peace and the World Court, in</i> International Law Stories 339-70 (John E. Noyes et al. eds., 2007). <i><a href=” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=983921”>The Ban on the Bomb - and Bombing: Iran, the U.S., and the International Law of Self-Defense,</i> 57 Syracuse L. Rev. 497 (2007) (with Maria Alveras-Chen). <i>The Counter-Reformation of the Security Council,</i> 2 J. INT’L L. & RELATIONS 107 (2005). <i>Crying War, in</i> INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: BRIDGING THEORY AND PRACTICE (Tom Biersteker et al, eds. Routledge 2007). <a href=” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=705322”><i>The United Nations Security Council and the Authorization of Force: Renewing the Council Through Law Reform,</i> in THE SECURITY COUNCIL AND THE USE OF FORCE, THEORY AND REALITY--A NEED FOR CHANGE? 47 (Niels Blokker & Nico Schrijver eds., Martinus Nijhof, 2005). <i><a href=” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=811046”>Affirming the Ban on Coercive Interrogation,</i> 66 OHIO STATE L. J. (2005). <i>Taking</i> Opinio Juris <i>Seriously, A Classical Approach to International Law on the Use of Force, in</i> INTERNATIONAL CUSTOMARY LAW ON THE USE OF FORCE: A METHODOLOGICAL APPROACH 9 (E. Cannizzaro and P. Palchetti eds. 2005). <i>Enhancing the Status of Non-State Actors Through a Global War on Terror,</i> 43 COL. J. TRANS. LAW 435 (2005) <i>Who Helps the Hegemon?</i> 8 AUSTRIAN REV. INT’L & EUR. L. 91 (2003) <i>Controlling Countermeasures, in</i> INTERNATIONAL RESPONSIBILITY TODAY: ESSAYS IN MEMORY OF OSCAR SCHACHTER 49 (M. Ragazzi ed., 2005) <i>Occupation Failures and the Legality of Armed Conflict: The Case of Iraqi Cultural Property,</i> 9 J. ART & ANTIQUITY LAW 323 (2004) <i>La Doctrine Américaine et L’intervention en Iraq</i> (The Iraq War in American Legal Scholarship) 2003 ANNUAIRE FRANÇAISE 3 <i>The Legal Case Against the Global War on Terrorism,</i> 36 CASE W. RES. J. INT’L L. 349 (2004) <i>Lawful and Unlawful Wars Against Terrorism in</i> THE WAR ON INTERNATIONAL TERRORISM 79 (Ved Nanda ed., Transnational, 2005) Ad Hoc <i>War, in</i> KRISENSICHERUNG UND HUMANITÄRER SCHUTZ—CRISIS MANAGEMENT AND HUMANITARIAN PROTECTION 399 (Horst Fischer et al, eds., 2004) <i>Re-Leashing the Dogs of War, Review Essay of Christine Gray, International Law and the Use of Force</i> (2000) 97 AM. J. INT’L L 446 (2003) <i>To Kill or Capture Suspects in the Global War on Terror,</i> 35 CASE W. RES. J. INT’L L. 325 (2003) <i>Enforcing International Law in National Courts: The German and American Experiences Compared in</i> KONFLIKT DER RECHTSKULTUREN? DIE USA UND DEUTSCHLAND IM VERGLEICH/AMERICAN AND GERMAN LEGAL CULTURES, CONTRAST, CONFLICT, CONVERGENCE? (2003) <i>Lawful Self-Defense to Terrorism,</i> 63 U. OF PITTSBURGH L.R. 889 (2002)(excerpted in MARK JANIS & JOHN NOYES, INTERNATIONAL LAW (3d ed. 2006) and HAROLD BRUFF & PETER SHANE, SEPARATION OF POWERS LAW (2d ed. 2005)) <i>American Exceptionalism and the International Law of Self-Defense,</i> 31 DENVER J. INT’L L. & POL’Y 43 (2002) <i>Pre-emption and Exception, The US Moves Beyond Unilateralism,</i> 20 SICHERHEIT & FRIEDEN 136 (2002)(reprinted in DIE STÄRKE DES RECHTS GEGEN DAS RECHT DES STÄRKEREN (THE MIGHT OF LAW VERSUS THE LAW OF THE MIGHTY)(2003)) <i>The Myth of Preemptive Self-Defense,</i> Aug. 6, 2002, available at http://www.asil.org/taskforce/oconnell.pdf (excerpted in JENNIFER ABASSI AND ANTHONY D’AMATO, INTERNATIONAL LAW TODAY, West 2006) <i>Evidence of Terror,</i> 7 J. OF CONFLICT AND SECURITY LAW 19 (2002) <i>Debating the Law of Sanctions,</i> 13 EUR. J. INT’L L. 63 (2002) <i>Humanitarian Assistance in Non-International Armed Conflict, The Fourth Wave of Rights, Duties and Remedies,</i> 31 ISRAEL YBK. ON HUMAN RIGHTS 183 (2001) <i>The UN, NATO and International Law After Kosovo,</i> 22 HUM. RTS. Q. (February 2000) (excerpted in INTERNATIONAL LAW (B. Carter et al., eds. 2003)) <i>The Role of Soft Law in a Global Order in Commitment and Compliance, in</i> THE ROLE OF NON-BINDING NORMS IN THE INTERNATIONAL LEGAL SYSTEM (Dinah Shelton ed., 2000) <i>New International Legal Process,</i> 93 AM. J. INT’L L. 334 (1999) (reprinted in THE METHODS OF INTERNATIONAL LAW (S. Ratner & A-M Slaughter eds., 2004); excerpted in OONAH K. HATHAWAY AND HAROLD HONGJU KOH, THE FOUNDATIONS OF INTERNATIONAL LAW AND POLITICS (2004)) <i>The Application of International Law to the New Security Agenda,</i> The Johns Hopkins University Bologna Center, Occasional Paper No. 2 (October 1997) <i>Regulating the Use of Force in the 21st Century: The Continuing Importance of State Autonomy,</i> 36 COL. J. TRANS. L. 473 (1997) <i>Why Do States Take on International Environmental Law Obligations?: A Comparison of the United States and The Netherlands in</i> ENVIRONMENTAL LAW AND POLICY IN THE UNITED STATES AND THE EUROPEAN UNION (Randall Baker, ed. 1997) <i>Environment and Security Concerns for Europe,</i> Europa Institut, No. 352, University of Saarland (1996) <i>International Legal Issues of the Dayton Accords: Arresting the Indicted and Preventing Partition, in</i> A CLOSE-UP VIEW OF EUROPEAN SECURITY, Institute for Strategic and Defence Studies, Budapest (1996) <i>Enforcement and the Success of International Environmental Law,</i> 3 IND. J. GLOBAL L. Stud. 47(1995)(excerpted in INTERNATIONAL ENVIRONMENTAL LAW AND POLICY (D. Hunter et al., eds. 2002, 1998) <i>The Failure to Observe Provisional Measures of Protection in the Case of</i> Bosnia v. Yugoslavia, Walther-Schücking-Kolleg, No. 15, Institut für Internationales Recht an der Universität Kiel (1994) <i>Using Trade to Enforce International Environmental Law,</i> 1 IND. J. GLOBAL L. STUD. 273 (1994) <i>Enforcing the New International Law of the Environment,</i> 35 GERMAN YEARBOOK OF INTERNATIONAL LAW 293 (1992) <i>International Legal Aid: The Secretary General's Trust Fund to Assist States in the Settlement of Disputes Through the International Court of Justice, in</i> INTERNATIONAL COURTS IN THE TWENTY-FIRST CENTURY (Mark Janis ed., 1992) <i>Continuing Limits on UN Intervention in Civil War,</i> 67 IND. L. J. 903 (1992) <i>Enforcing the Prohibition on the Use of Force: The U.N.'s Response to Iraq's Invasion of Kuwait,</i> 5 SO. ILL. L.R. 453 (1991) <i>The Prospects for Enforcing Monetary Judgments of the International Court of Justice: A Study of Nicaragua's Judgment Against the United States,</i> 30 VA. J. INT'L L. 891 (1990) <i>The United States Experience at the International Court of Justice (with D'Amato) in</i> THE INTERNATIONAL COURT OF JUSTICE AT A CROSSROADS (L.F. Damrosch ed., 1987) <i>Soviet Prisoners in the Afghan Conflict,</i> 23 COL. J. TRANS. L. 483 (1985) <br /> <b>Selected Shorter Publications, Online Publications and Conference Proceedings since 2007:</b> <a href="http://www.cnn.com/2012/08/15/opinion/oconnell-targeted-killing/index.html"><i>When are Drone Killings Illegal?</i></a> Aug. 16, 2012, CNN OPINION. <a href="http://www.law.syr.edu/student-life/publications/law-review/iran-nuclear-symposium/mary-ellen-oconnell.aspx"><i>Affirming the Ban on Bombing Iran,</i></a> March 2012, Syracuse University College of Law, <i>The Right of Self-Defense,</i> Oxford Bibliographies Online, March 2012 http://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-9780199796953-0028.xml <i>The Principle of Necessity and the Libya Intervention,</i> Panel: Revolution & Intervention in the Middle East, PROC. 105TH AM. SOC. INT’L L. (2012) <a href="http://www.asil.org/insights101112.cfm"><i>The International Law of Drones,</i></a> ASIL INSIGHTS, Nov. 12, 2010. <i>Ten Questions,</i> 5 J. NAT’L SEC. FORUM 5113 (2010) <i>Toward a New Paradigm: Notre Dame’s Institute of Advanced Studies,</i> in The Idea of a Catholic Institute for Advanced Study (Vittorio Hösle and Donald L. Stelluto, eds., 2010) FLYING BLIND, 202 America (March 15, 2010) NATO AT SIXTY, AMERICA BETWEEN LAW AND WAr, 17 IN. J. GLOB. LEGAL STUD. 187 (2010) <i>Saving Lives Through a Definition of International Armed Conflict, Panel:</i> Categories of Armed Conflicts: Notions and Interpretations, Armed Conflicts and Parties to Armed Conflicts under IHL: Confronting Legal Categories to Contemporary Realities, 10th Bruges Colloquium 19, 22-23 October 2009 <i>No Excuses, Our Obligation to Prosecute Human Rights Violations,</i> 201 AMERICA 11 (August 3-10, 2009) <i>International Law’s Natural Normativity,</i> Panel: Visions of International Law: Insights from Normative Theory, 103 PROC. AM. SOC. INT’L L. 385 (Mar. 25-28, 2009) <i>Review of Thomas Weiss, Humanitarian Intervention: Ideas in Action</i> (2007) 7 PERSPECTIVES ON POLITICS 712 (No. 3 2009) <a href="http://jurist.law.pitt.edu/forumy/2009/01/president-obama-new-hope-for.php"><i>President Obama: New Hope for International Law?</i></a> JURIST, Jan. 26, 2009 <i>Defining Armed Conflict,</i> 13 J. CONFLICT & SECURITY L. 393 (Winter 2008). <i>Old Hawks Wrong for Foreign Policy,</i> CHICAGO TRIBUNE, Dec. 2, 2008, http://www.chicagotribune.com/news/nationworld/chi-oped1202hawkdec02,0,4506121.story <i>The Way Forward: Post 9/11 Principles,</i> JURIST, Nov. 25 2008, http://jurist.law.pitt.edu/forumy/2008/11/way-forward-post-911-principles.php <i>International Legal Process,</i> MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (R. Wolfrum et al. eds., 2008) <i>Learning from the Iraq War: The Wisdom of International Law,</i> JURIST, March 19, 2008, http://jurist.law.pitt.edu/forumy/2008/03/learning-from-iraq-war-wisdom-of.php <a href="http://www.csmonitor.com/USA/Foreign-Policy/2013/0826/Why-Obama-when-moving-to-punish-Syria-is-unlikely-to-go-it-alone-video/%28page%29/2">Why Obama, when moving to punish Syria, is unlikely to go it alone (+video)</a> - Christian Science Monitor (Quotes: Mary Ellen O’Connell), August 26, 2013 <a href="http://www.miamiherald.com/2013/08/26/3587330/firing-missiles-at-enemies-usually.html"> - McClatchy Washington Bureau (Quotes: Mary Ellen O’Connell), August 26, 2013 <a href="http://www.nytimes.com/roomfordebate/2013/08/26/is-an-attack-on-syria-justified/what-the-un-says-about-chemical-weapons-and-unauthorized-military-force">Attack Needs U.N. Approval to Be Legal</a> (Opinion by Mary Ellen O’Connell) New York Times - August 26, 2013 <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=d3667511bb&e=26b14a237a">Drones, Guantanamo part of broad Obama counterterrorism speech</a> - CBS News (Quotes: Mary Ellen O’Connell), May 23, 2013 <a href="http://news.nd.edu/news/40165">Law School’s O’Connell to testify before Congress on citizens’ rights during 'War on Terror'</a> ND News, May 22, 2013 <a href="http://www.ibtimes.com/cia-terror-war-torture-rendition-program-italian-spy-sentenced-jail-can-tenet-rumsfeld-cheney">CIA Terror War Torture And Rendition Program: An Italian Spy Is Sentenced To Jail - Can Tenet, Rumsfeld, Cheney, Ashcroft Be Next?</a> - International Business Times (Quotes: Mary Ellen O’Connell), February 22, 2013 Mary Ellen O'Connell was quoted by several news media sources on using drones - February 7, 2013 - Wired - <a href="http://www.wired.com/dangerroom/2013/02/obama-imminence/">How Obama Transformed an Old Military Concept So He Can Drone Americans</a> - NBCNews.com - <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=201a5fc8f0&e=26b14a237a">'Judge, jury and executioner': Legal experts fear implications of White House drone memo</a> - New York Times - <a href="http://us1.list-manage1.com/track/click?u=46d441e0ea9fcf634f5c46895&id=6fd8fc527d&e=26b14a237a">A Contradiction in Terms</a> - NBC - <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=eefe62c849&e=26b14a237a">4 key questions about controversial Justice Department drone memo</a> - Guest on KQED Radio - <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=fd33733417&e=26b14a237a">Using Drones to Target Americans</a> - Op-ed in New York Times - <a href="http://www.nytimes.com/2013/02/07/opinion/the-questions-brennan-cant-dodge.html">The Questions Brennan Can't Dodge</a> <a href="http://www.wired.com/dangerroom/2013/02/obama-imminence/">How Obama Transformed an Old Military Concept So He Can Drone Americans</a> - Wired - (Quotes: Mary Ellen O’Connell), February 5, 2013 <a href="http://www.cnn.com/2013/01/14/opinion/oconnell-brennan/">Brennan must answer for drones, torture</a> (Opinion by Mary Ellen O’Connell) CNN.com – January 14, 2013 <a href="http://www.atimes.com/atimes/Middle_East/NK29Ak02.html">Palestinian 'state' vote a crisis moment</a> - Asian Times (Quotes: Mary Ellen O’Connell), November 29, 2012 <a href="http://ncronline.org/node/38501">Drone technology raises questions on evolving nature of war and its conduct</a> - National Catholic Reporter (Quotes: Mary Ellen O’Connell), November 5, 2012 <a href="http://www.google.com/url?sa=X&q=http://english.ruvr.ru/2012_10_19/US-faces-more-activism-against-America-s-drone-policy-in-Pakistan/&ct=ga&cad=CAcQARgBIAAoATAAOABAweiZhAVIAVAAWABiBWVuLVVT&cd=k0xDSz4s9zk&usg=AFQjCNFX4orBGAUZiiVOqUEhs4umOe1VmA">US faces more activism against America's drone policy in Pakistan</a> - The Voice of Russia (Quotes: Mary Ellen O’Connell), October 22, 2012 <a href="http://www.latimes.com/news/nationworld/nation/la-na-drone-legal-20121009,0,3639057.story">In legal battle against drone strikes, she's on the front lines</a> – LA Times – (Quotes: Mary Ellen O’Connell), October 9, 2012 <a href="http://www.google.com/url?sa=X&q=http://www.nytimes.com/2012/09/20/opinion/the-democrats-and-the-liberal-catholic-voter.html&ct=ga&cad=CAcQARgBIAEoATAAOABA_uDpggVIAVgAYgVlbi1VUw&cd=ja8ArmYoyVg&usg=AFQjCNFtfNrmisJCaMi4RraOuWyitRFitA" :>The Democrats and the Liberal Catholic Voter - NYTimes.com</a> New York Times - (By: Mary Ellen O’Connell), September 19, 2012 <a href="http://us1.list-manage1.com/track/click?u=46d441e0ea9fcf634f5c46895&id=eb75ff58a2&e=26b14a237a">Does Libya intervention violate War Powers Resolution? </a>– St. Petersburg Times – (Quotes: Mary Ellen O’Connell), June 24, 2011 <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=90cec9ab67&e=26b14a237a">Debate: Did Obama Overstep His Authority In Libya? </a>– NPR (Quotes: Mary Ellen O’Connell), June 23, 2011 <a href="https://law.nd.edu/news/22469-mary-ellen-o-connell-opinion-on-u-s-strains-credibility-on-its-libya-role-in-cnn-opinion/">U.S. strains credibility on its Libya role</a> (Opinion by Mary Ellen O’Connell) CNN.com – June 21, 2011 <a href="http://us1.list-manage1.com/track/click?u=46d441e0ea9fcf634f5c46895&id=c6a62a55b2&e=26b14a237a">Drone warfare won’t win in Libya</a> (Opinion by Mary Ellen O’Connell) CNN.com – April 25, 2011 <a href="http://online.wsj.com/article/SB10001424052748704216804575423852066799666.html">US Works With Sudan on Gitmo</a> – Wall Street Journal (Quotes: Mary Ellen O’Connell), August 12, 2010 <a href="http://us1.list-manage.com/track/click?u=46d441e0ea9fcf634f5c46895&id=fd64cddcc5&e=26b14a237a">Hentoff: Is Obama ‘in Love With Drones’?</a> – (Quotes: Mary Ellen O’Connell), July 31, 2010 <a href="http://www.trentonian.com/articles/2010/07/28/opinion/doc4c50f55db659a777910565.txt">Few batting eyes at Obama’s deadly drone policy</a> – The Trentonian (Quotes: Mary Ellen O’Connell), July 28, 2010 <a href="http://www.wnd.com/index.php?fa=PAGE.view&pageId=184581">Obama’s in love with drones</a> – WorldNetDaily (Quotes: Mary Ellen O’Connell), July 27, 2010 <a href="http://www.politifact.com/truth-o-meter/article/2010/jul/01/do-drone-attacks-comply-international-law/">Do drone attacks comply with international law?</a> – PolitiFact (Quotes: Mary Ellen O’Connell), July 1st, 2010 <a href="http://www.boston.com/news/nation/articles/2010/04/29/legal_questions_raised_over_cia_drone_strikes/">Legal questions raised over CIA drone strikes</a> – Associated Press, April 29, 2010 (Quoting Mary Ellen O’Connell) <a href="http://edition.cnn.com/2010/POLITICS/04/28/drone.attack.hearing/index.html?eref=rss_world&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_world+%28RSS%3A+World%29">House subcommittee hearing questions legality of drone attacks</a> – CNN.com, April 28, 2010 (Quoting Mary Ellen O’Connell) <a href="http://www.cbsnews.com/stories/2010/04/08/opinion/main6377556.shtml">Respect the Battlefield – The U.S. Has No More Legal Authority Today to Kill Persons in Yemen than it Had in 2002</a> (by: Mary Ellen O’Connell) – CBS News Opinion, April 9, 2010 <a href="http://story.malaysiasun.com/index.php/ct/9/cid/b8de8e630faf3631/id/620832/cs/1/">International legal experts question legality of US drone strikes</a> – Malaysia Sun, April 7, 2010 (Quoting Mary Ellen O’Connell) <a href="http://online.wsj.com/article/SB10001424052702303450704575159864237752180.html?mod=googlenews_wsj">U.S. Defends Legality of Killing With Drones</a> – The Wall Street Journal, April 4, 2010 (Quoting Mary Ellen O’Connell) <a href="https://law.nd.edu/news/15106-npr-interviews-prof-oconnell-on-drone-strikes/">NPR interviews Prof. O’Connell on drone strikes</a> – National Public Radio, March 26, 2010</a>Robert and Marion Short Professor of Law and<br/>Research Professor of International Dispute Resolution<a href="mailto:Leslie.K.Berg.34@nd.edu">Leslie Berg</a>
MatthewBarrettJ.3106 Eck Hall of Law574.631.8121574.631.8078Matthew.J.Barrett.1@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=479671http://www.nd.edu/~ndlaw/faculty/cv/barrett_cv.pdf
  • Faculty
  • Teaching and Research
  • Credit Crisis
  • Financial Accounting
  • Financial Frauds
  • Law & Accounting
  • Loan Repayment Assistance Programs
  • Stock Option Scandals
  • Tax Law & Policy
  • Taxation
Matthew J. Barrett, a member of the Notre Dame Law School faculty since 1990, teaches business-related courses, currently accounting for lawyers, analytical methods for lawyers, and federal income taxation. He has also taught business associations, business planning, not-for-profit organizations, and seminars studying the intersection between law and accounting. His seminars during the fall semesters in 2008 and 2009 focused on the stock option scandals and the credit crisis, respectively. In 2001, the graduating class selected him as the Law School’s Distinguished Teacher. In 2010, he was appointed as an adjunct professor at New York University School of Law to teach a course in Financial Accounting for Lawyers for the NYU/IRS Continuing Professional Education Program sponsored by the Office of Chief Counsel of the Internal Revenue Service. Professor Barrett earned both his B.B.A. and his J.D. summa cum laude from Notre Dame in 1982 and 1985, respectively, graduating at the top of his law-school class. A member of the Ohio bar since 1985, he clerked for the Honorable Cornelia G. Kennedy at the U.S. Court of Appeals for the Sixth Circuit (1985-86), and worked as an associate in the tax group at the Columbus, Ohio, law firm of Vorys, Sater, Seymour & Pease (1986-90). Professor Barrett became a Certified Public Accountant in Ohio in 1987. The Ohio Society of Certified Public Accountants awarded him its Silver Medal for the second-highest score on the May 1982 Ohio CPA examination, and the American Institute of Certified Public Accountants awarded him its Elijah Watt Sells certificate for performance with high distinction on the May 1982 Uniform CPA examination. In 1997, Professor Barrett joined David R. Herwitz, now Professor Emeritus at Harvard Law School, as co-author of the second edition of the law school casebook, Accounting for Lawyers, a text whose roots date back to the first casebook on accounting for law students in 1948. More recently, Professor Barrett co-authored unabridged and concise versions of the fourth edition in 2006. Foundation Press published combined supplements for those fourth editions in 2008, 2009, 2010, 2011, and 2012. To date, these texts have been adopted for classroom use at more than 100 different law schools, including seventy that have used a fourth edition. Professor Barrett actively participates in the life of the Law School, the University, and the local South Bend community. In 1998, the Student Bar Association awarded him the Captain William O. McLean Community Spirit Award for exceptional contributions to community life. In 2010, Professor Barrett and his wife received The Spirit of Holy Cross Award from the Priests and Brothers of the Congregation of Holy Cross, Indiana Province for “years of diligent and deft service as [lay collaborators] with the Congregation of Holy Cross.” That same year, he also received the Grenville Clark Award from the University of Notre Dame for volunteer activities advancing the cause of peace and human rights. Within the Law School, he currently serves on the Loan Forgiveness Committee (2008 to present). He has previously led the Ad Hoc Committee on the Honor Code (2010-2011), Promotions Committee (2007-2008), and the Loan Forgiveness Committee (2001-2004); served on the Appointments Committee (1999-2001, 2002, and 2004-2006), the Building Committee (2001-2009), the Curriculum Committee (1994-1998 and 2001-2004), the Promotions Committee (2006-2008), and the Public Interest Committee (1997-1999); and volunteered as faculty advisor to the Business Law Forum (1998-2003). Professor Barrett has served as a member of the Accountancy Advisory Board in the Mendoza College of Business since 1994 and on the Niebuhr and Clark Awards Committee since 2010. He previously served a term on the University Committee on Appeals (2009-2012), two terms as the Law School’s elected representative to the University’s Faculty Board on Athletics (1998-2004), serving as chair of the subcommittee on student welfare (2001-2004), a member of the subcommittee on communications (2000-2001), and a member of the University’s Ad Hoc Committee on Drug Testing of Student-Athletes (2001-2003). Professor Barrett also served on the Committee on Student Life and the Subcommittee on Student Activities for the Colloquy for the Year 2000 (1991-92) and the Niebuhr and Clark Awards Committee (1997-2002). Outside the University, Professor Barrett has served as chair (1999-2000) and member (1997-2000) of the Committee on Audit and Association Investment Policy for the Association of American Law Schools, on the editorial board of the Journal of Limited Liability Companies (1994-1998), and as recording secretary of the taxation committee of the Ohio State Bar Association (1989-1990). He is a member of the ABA Section on Business Law, Committee on Law and Accounting (since 1995) and was elected as an alumnus member of Phi Beta Kappa in 2002. Professor Barrett periodically assists the Notre Dame Clinical Law Center with tax issues, volunteers with the Tax Assistance Program in the Mendoza College of Business, and has advised the South Bend Center for the Homeless on various tax and corporate matters. He is a parishioner of St. Joseph Church in South Bend, where he serves as a hospitality minister and a member of the St. Vincent de Paul Society. He served as an elected member of the Parish Pastoral Council from 1999-2002 and on the Strategic Planning Steering Committee from 1999-2005. He has also served a member of the board of directors of the St. Vincent de Paul Society of St. Joseph County, Inc. He is married to Kate Barrett, who works part-time for Campus Ministry as the assistant director of undergraduate ministry. They have three sons and one daughter. /assets/71514/original/barrettm.jpgLAW70100, Accounting for Lawyers LAW70605, Federal Income Taxation LAW73147, Accounting Law Seminar (Credit Crisis)<b>Books</b> <i>Materials on Accounting for Lawyers</i> (4th ed. Foundation Press 2006 (both unabridged and concise versions); Supp. 2008, 2009 2010, 2011 (combined) (with David R. Herwitz) (cited by the United States Court of Appeals for the Ninth Circuit in Bolt v. Merrimack Pharmaceuticals, Inc., 503 F.3d 913, 915–17 (9th Cir. 2007) (adopted for classroom use at seventy law schools, including Yale, Harvard, Chicago, NYU, Michigan, University of California (Berkeley), Cornell, Georgetown, USC, Washington University (St. Louis), George Washington, and University of California (Davis)). <i>Materials on Accounting for Lawyers</i> (3d ed. Foundation Press 2001 & Supp. 2004, 2005) (both unabridged and concise versions) (with David R. Herwitz) (adopted for classroom use at more than sixty-five law schools, including Harvard, Michigan, University of California (Berkeley), Cornell, Georgetown, USC, Washington University (St. Louis), George Washington, Minnesota, and Boston University). <i>Materials on Accounting for Lawyers</i> (2d ed. Foundation Press 1997 & Supp. 1999, 2000) (with David R. Herwitz) (cited by the Supreme Court of the United States in its unanimous opinion in Mutual Insurance Co. v. Commissioner, 523 U.S. 382, 384 (1998), and adopted for classroom use at more than fifty law schools, including Harvard, NYU, University of California (Berkeley), Georgetown, and USC). <b>Book Segments</b> <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794831">Enron and Andersen - €“What Went Wrong and Why Similar Audit Failures Could Happen Again</a> in Enron Corporate Fiascos and Their Implications 155-168 (Nancy B. Rapoport & Bala G. Dharan eds., Foundation Press 2004). <b>Articles</b> Professor Barrett has published numerous articles in his areas of academic expertise, including: <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1113532">Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality</a>, 3 Journal of Business & Technology Law 207 (2008). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=782339">The SEC and Accounting, in Part Through the Eyes of Pacioli</a>, 80 Notre Dame Law Review 837-92 (2005). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=813226">Tax Services as a Trojan Horse in the Auditor Independence Provisions of Sarbanes-Oxley</a>, 2004 Michigan State Law Review 463-504 (2004). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=752064">Practicing What We Teach: A Call For Progressive Church Taxes</a>, America 18-20 (March 29, 2004). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=730684">The Theological Case for Progressive Taxation as Applied to Diocesan Taxes or Assessments Under Canon Law in the United States</a>, The Jurist 63 (2003) 312-65. <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794827">New Opportunities for Obtaining and Using Litigation Reserves and Disclosures</a>, 64 Ohio St. L.J. 1183 (2003). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794830">Opportunities for Obtaining and Using Litigation Reserves and Disclosures</a>, 63 Ohio St. L.J. 1017-1106 (2002). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=782365">Enron, Accounting, and Lawyers</a>, Notre Dame Lawyer, Summer 2002, at 14–20 (reprinted on pages 193 to 201 of a Program Handbook entitled "€œAnalyzing Financial Statements After Enron What Every Lawyer Should Know"€ (January 2003)). <i>Agency Authority in LLC Statues (Part II): Hypothetical Situations and Practical Suggestions, with Brian H. Blaney</i>, 5 The Journal of Limited Liability Companies 11 (1998). <i>Agency Authority in LLC Statues (Part I): Uniformity and Peculiarity, with Brian H. Blaney</i>, 4 The Journal of Limited Liability Companies 139 (1998). <i>Determining an Individual’s Federal Income Tax Liability When the Tax Benefit Rule Applies: A Fifty-Year Checkup Brings a New Prescription for Calculating Gross, Adjusted Gross and Taxable Incomes</i>, 1994 Brigham Young University Law Review 1 (1994), reprinted in 63 Tax Notes 899 (1994). <i>Reducing Liability Risks of Members in a Multistate Limited Liability Company</i>, 1 The Journal of Limited Liability Companies 57 (1994). <i>Contort: Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing in Noninsurance, Commercial Contracts -€” Its Existence and Desirability</i>, 60 Notre Dame Law Review 510 (1985).Featured Faculty on NDLS Home Page: Matthew J. Barrett – August 24, 2009Professor of Law<a href="mailto:SharonLoftus@nd.edu">Sharon Loftus</a>
MatthewHallE.K.411 Deciomatt.hall@nd.edu
  • Faculty
  • Concurrent
  Concurrent Assistant Professor
MauraRatigan2183 Eck Hall of Law574.631.3043mratigan@nd.edu
  • Faculty
  • Legal Writing
  LAW60705, Legal Writing I Adjunct Assistant Professor<a href="mailto:dfarmer@nd.edu">Debbie Sumption</a>
MichaelGotsch1100 Eck Hall of Law574.631.6627mgotsch@co.st-joseph.in.ushttp://www.nd.edu/~ndlaw/faculty/cv/gotsch_cv.pdf
  • Faculty
  • Adjunct
 Judge Michael Gotsch – “His efforts to improve the lives of women and children have been recognized by many. He has received the Outstanding Judge Award from the Indiana Coalition Against Domestic Violence, the Spirit of Giving Award from the Family & Children’s Center, and a Lifetime Achievement Award from Indiana Child Support Alliance, all recognizing his leadership and sense of community both on and off the bench.” - <i>Presentation of 2013 Man of the Year Tribute by the YWCA of North Central Indiana for his work addressing the needs of both children and victims of domestic violence – the first man to be so honored in the 110-year history of the organization.</i> The Honorable Michael G. Gotsch, Sr., is the Judge of the St. Joseph Circuit Court in Indiana’s 60th Judicial Circuit (St. Joseph County, Indiana). He was appointed to the bench by Governor Joe Kernan in 2004, he was elected in 2004 and re-elected in 2010. Prior to his selection to the bench, he served as Chief Deputy Prosecuting Attorney and Chief of Staff in the St. Joseph County Prosecutor’s Office (2003-04), and counsel for the St. Joseph County Office of Family and Children (2000-02). He has prior professonal experience as a deputy prosecutor attorney, corporate counsel for Meridian Title Corporation, and executive director for the CASIE (Child Abuse Services, Investigation & Education) Center. Prior to beginning his legal career, he served as a commissioned officer in the U.S. Army. During his military career, he was awarded the Army Meritorious Service Medal, the Army Commendation Medal, and the Army Achievement Award. He left active military service with the rank of Captain. Admitted to practice in Indiana, Michigan and federal courts, Judge Gotsch had the honor of serving as an Official Observer on the Uniform Parentage Act Drafting Committee of the National Conference of Commissioners on Uniform State Law. He has also had the distinction to serve as a Commissioner on the Presidential Task Force on Criminal Nonsupport, the Governor’s Task Force on Abused and Neglected Families and their Children, and the Governor’s Committee on the Indiana Child Support Tracking System. Judge Gotsch’s honors and awards include the North Central Indiana YWCA’s Man of the Year Tribute, Indiana Coaltion Against Domestic Violence’s Outstanding Judge Award, Family & Children Center’s Spirit of Giving Award, Indiana Child Support Alliance’s Lifetime Achievement Award, and Indiana Department of Public Welfare’s Distinguished Service Award. He is also been enrolled in the Honorable Order of the Kentucky Colonels. Judge Gotsch is committed to legal education and public service, and he has spoken and lectured at national, state, and local continuing judicial and legal education seminars, as well as national, regional, and state child welfare conferences. Judge Gotsch is an adjunct faculty member and a Moot Court/Mock Trial Judge at Notre Dame Law School. He has also lectured at the University of Notre Dame, St. Mary’s College, Bethel College, and Indiana University at South Bend.  /assets/106346/original/gotsch_michael.jpgLAW75710, Intensive Trial Advocacy&nbsp;&nbsp;Assistant Adjunct Professor<a href="mailto:rward@nd.edu">Rebecca Ward</a>
MichaelHays1100 Eck Hall of Law
  • Faculty
  • Adjunct
  Assistant Adjunct Professor<a href="mailto:rward@nd.edu">Rebecca Ward</a>
MichaelHom1337 Biolchini Hall574.631.7444574.631.4789mhom@nd.edu
  • Staff
  Michael Hom joined Notre Dame Law School as Alumni Counselor in 2010. He earned his Juris Doctor from Notre Dame Law School in 2004 and his Bachelor of Arts in Economics from the State University of New York, College at Geneseo in 1996. While at Notre Dame Law School, Michael served as President of the Asian Law Students Association and as a member of the International Moot Court Team. Michael practiced as a litigator, legal assistance attorney and Staff Judge Advocate as a Naval Officer in the United States Navy’s Judge Advocate General’s Corps prior to returning to Notre Dame. Michael served on board the USS ENTERPRISE (CVN 65), USS DWIGHT D. EISENHOWER (CVN 69), and USS CAPE ST. GEORGE (CG 71). Michael also served with Joint Task Force – Guantanamo Bay (JTF-GTMO), where he participated in detainee operations. Michael was awarded the Navy Achievement Medal and Navy Commendation Medal for his service. Michael returned to Notre Dame Law School as Alumni Counselor in 2010. Michael accepted a position as Associate Director in the Career Planning Center at Fordham University School of Law in 2011 and rejoined Notre Dame Law School in 2012.
  • Career Development Office
/assets/86124/original/mike_hom2013.jpgCareer and Alumni Counselor & Diversity Initiatives AdvisorErin Brooks
MichaelJenuwine2111 Eck Hall of Law574.631.7795574.631.6725Michael.J.Jenuwine.1@nd.eduhttp://www.nd.edu/~ndlaw/faculty/cv/jenuwine_cv.pdf
  • Faculty
  • Clinical
  • Death Penalty
  • Dispute Resolution & Personality Type
  • Forensic Psychology
  • Juvenile Waiver of Miranda/Right to Counsel
  • Mental Health Systems
Michael Jenuwine comes to us from the faculty of the law school of Indiana University, Bloomington, where he has been Clinical Associate Professor of Law and Director of the Mental Health and Disability Law Clinic. He earned his B.S. from the University of Michigan in 1988. He earned an M.A. from the University of Chicago in 1990. In 2000, he earned a Ph.D. in Psychology from the University of Chicago and a J.D. cum laude from Loyola University Chicago, where he was a student editor for the Children’s Legal Rights Journal. Before joining the faculty of Indiana University, he was a postdoctoral fellow at the National Association of State Mental Health Program Directors Research Institute through the National Institute of Mental Health. Dr. Jenuwine’s current research and teaching interests focus on family law, child advocacy, mental health law, and interdisciplinary legal practice. He is working on research studying juvenile waiver of right to counsel in delinquency cases in Indiana, developing an empirical study of jurors’ ability to discern a “no doubt” standard in death penalty cases, and on research studying the effect of legislative responses to the clergy sex abuse scandal. Dr. Jenuwine currently serves on the Indiana Board of Law Examiners. <a href="https://law.nd.edu/news/35494-professor-michael-jenuwine-appointed-to-the-indiana-board-of-law-examiners/" />Learn More</a>.  /assets/89138/original/jenuwine_1_2013.jpgLAW70726, Mediation LAW70845, Law & Psychology LAW75717, Alternative Dispute Resolution LAW75721, Legal Aid I & Ethics LAW75723, Legal Aid II Family Law Clinic Professional Responsibility<b>Articles</b> <i>Racial Differences in the Mental Health Needs and Service Utilization of Youth in the Juvenile Justice System</i> (with Purva Rawal, Jill Romansky, and John S. Lyons), 31 JOURNAL OF BEHAVIORAL HEALTH SERVICES & RESEARCH 242 (2004). <i>Community Supervision of Sex Offenders - Integrating Probation and Clinical Treatment</i> (with Ronald Simmons and Edward Swies), 67 FEDERAL PROBATION 20 (2003). <i>Using Therapeutic Jurisprudence to Bridge the Juvenile Justice and Mental Health Systems</i> (with Gene Griffin), 71 UNIVERSITY OF CINCINNATI LAW REVIEW 65 (2002).<a href="https://law.nd.edu/news/35494-professor-michael-jenuwine-appointed-to-the-indiana-board-of-law-examiners/" />Professor Michael Jenuwine Appointed to the Indiana Board of Law Examiners.</a> - November 9, 2012Clinical Professor of Law and<br/> Concurrent Associate Professor of Psychology
MichaelKirsch3116 Eck Hall of Law574.631.5582574.631.8078Michael.S.Kirsch.1@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=353526http://www.nd.edu/~ndlaw/faculty/cv/kirsch_cv.pdf
  • Faculty
  • Teaching and Research
  • Estate & Gift Taxation
  • International Taxation
  • Tax Law & Policy
Michael Kirsch teaches and researches in the federal taxation area, with an emphasis on international issues. He has published numerous articles in the international tax field. Professor Kirsch joined the Notre Dame Law School faculty in 2001 and has twice been named the Distinguished Professor of the Year by graduating classes (2004 and 2010). He has served as Associate Dean at the Law School, and also has been a visiting professor of law at the Northwestern University School of Law. Prior to joining the faculty in 2001, Professor Kirsch practiced law for four years in the tax department of a Los Angeles law firm. He then served as a law clerk for Chief Judge Lapsley W. Hamblen, Jr., of the United States Tax Court in Washington, D.C. Following the two-year clerkship, he served in the IRS Office of Associate Chief Councel (International). From 1997 through 2001, he worked in the U.S. Treasury Department’s Office of Tax Policy, where he served as the Associate International Tax Counsel. While at the Treasury Department, he was a member of numerous U.S. delegations to international tax treaty negotiations. Professor Kirsch earned his J.D. cum laude in 1988 from Harvard Law School, where he served on the editorial board of the Harvard Journal on Legislation. In 1989, he earned an LL.M. in taxation from New York University. Professor Kirsch received his A.B. summa cum laude in economics from Cornell University in 1985. He has been a member of the California Bar since 1988. /assets/71660/original/kirsh.jpgLAW70423, International Taxation LAW70428, Tax Policy Seminar LAW70605, Federal Income Taxation LAW70607, Estate & Gift Taxation<b>Articles</b> <i>Citizenship Exits and Neutrality (in progress)</i>. <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2346458"><i>Revisiting the Tax Treatment of Citizens Abroad: Reconciling Principle and Practice</i></a> (forthcoming Florida Tax Review). <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1526998"><i>The Role of Physical Presence in the Taxation of Cross-Border Personal Services</i></a>, 51 Boston College Law Rev. 993 (2010). <i><a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1332123">The Limits of Administrative Guidance in the Interpretation of Tax Treaties</a></i>, 87 Texas Law Rev. 1063 (2009). <i><a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=931953">Taxing Citizens in a Global Economy</a></i>, 82 N.Y.U. Law Review 443 (2007). <i><a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=785425">The Tax Code as Nationality Law</a></i>, 43 Harvard J. on Legis. 375 (2006). <i><a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=647761">The Congressional Response to Corporate Inversions: The Tensions Between Symbols and Substance in the Taxation of Multinational Corporations</a></i>, 24 Virginia Tax Rev. 475 (2005). <i><a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=552730">Alternative Sanctions and the Federal Tax Law: Symbols, Shaming, and Social Norm Management as a Substitute for Effective Tax Policy</a></i>, 89 Iowa L. Rev. 863 (2004). <i>Tax Consequences of Expatriation and Transfers to Foreign Trusts,</i> 28 Notre Dame Tax & Est. Plan. Inst. 32 (2002).<a href="https://law.nd.edu/features/featured-faculty/featured-faculty-michael-kirsch">Featured Faculty on NDLS Home Page: Michael Kirsch – March 30, 2009</a>Professor of Law<a href="mailto:bferrettie@nd.edu">Beth Ferrettie</a>
MichaelNader1100 Eck Hall of Law574.631.6627Michael.Nader.2@nd.edu
  • Faculty
  • Adjunct
  Adjunct Faculty<a href="mailto:rward@nd.edu">Rebecca Ward</a>