Directory -- TEST

First NameLast NameMiddle NameOfficePhoneFaxEmailWebsiteSSRN PageCV UploadDepartment RoleFaculty TypeAreas of ExpertisePersonal BioStaff DepartmentImage UploadCourses TaughtScholarshipIn the NewsTitleStaff AssistantNetID
M. PatriciaHackett1100 Eck Hall of Law574-233-8010mhacket1@nd.edu
  • Faculty
  • Adjunct
  LAW 70810 - Legal Interview & Counseling  Adjunct Professormhacket1
MarahMcLeodStith2113 Eck Hall of Law574.631.5487marah.s.mcleod.16@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2302346/assets/204469/fullsize/marah_stith_mcleod_cv_july_2016_final.pdf
  • Faculty
  • Tenure and Tenure-track Faculty
  • Constitutional Law
  • Criminal Law
  • Criminal Law & Procedure
  • Death Penalty
  • Evidence
  • Legal Ethics
Marah Stith McLeod teaches criminal law and criminal procedure and her scholarship explores legal and ethical problems in these areas. She is focused on ways to promote more informed and reasoned decisions, as well as more appropriate and effective distribution of decisional power within the criminal justice system. McLeod earned her bachelor’s degree in government from Harvard University, and her J.D. from Yale Law School, where she was notes editor for the Yale Law Journal. Prior to joining the Notre Dame faculty, McLeod held a fellowship and taught at Columbia Law School. After graduating from law school, McLeod clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Associate Justice Clarence Thomas. Between her clerkships McLeod worked as an attorney-adviser in the Office of the Legal Counsel at the U.S. Department of Justice, where she provided legal advice on constitutional questions and statutory challenges, especially in criminal matters. After her clerkship with Justice Thomas, she became a senior litigator at Sidley Austin LLP in Chicago, managing civil litigation and serving as pro bono counsel in several death penalty cases. /assets/204468/fullsize/marahmcleod_resize.jpgPlea BargainingArticles Does the Death Penalty Require Death Row? The Harm of Legislative Silence, 77 Ohio St. L.J. __ (forthcoming 2016) Immigration Control: A Catholic Dilemma?, 84 U. Det. Mercy L. Rev. 73 (2007) The Semblance of Autonomy: Treatment of Persons with Disabilities Under the Uniform Health-Care Decisions Act, 22 Issues L. & Med. 39 (2006) A Plebiscitary Bargain, 1 London L.R. 497 (2005)Associate ProfessorTracy Zielke
MarcKrcmaricEddy Street Commons574.631.3685Mark.C.Krcmaric.1@nd.edu    Concurrent Assistant Professor
MargaretBrinigF.3117 Eck Hall of Law574.631.2303574.631.4197Margaret.Brinig.1@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=53766http://www.nd.edu/~ndlaw/faculty/cv/brinig_cv.pdf
  • Faculty
  • Tenure and Tenure-track Faculty
  • Catholic Schools
  • Contracts
  • Dispute Resolution
  • Economics of the Family
  • Family Law
  • Family & Social Policy
  • Law & Economics
  • Public Choice
  • Social Capital
  • Social Norms
Margaret “Peg” Brinig is the quintessential interdisciplinarian, melding her expertise with law and social science in empirical studies of families, social capital, and social welfare legislation. Brinig is best known for her expertise in family law. She sits on the executive council of the International Society of Family Law, and recently published Family, Law, and Community: Supporting the Covenant (University of Chicago Press, 2010), which offers a distinctive study of legal reform from the perspective of family dynamics and social policy. The book examines a range of subjects of current legal interest including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal systems and the social programs they engender ignore social capital: the trust and support given to families by a community. Currently, Brinig is collaborating with another colleague, Dan Kelly, on the Law, Economics, and Business seminar. The seminar features speakers from within Notre Dame’s law school, economics department, business school, and other departments, as well as speakers from other law schools and universities. Law students and graduate students from other departments have the opportunity to read, discuss, and comment upon seminal scholarship by leading academics while earning course credit for participating in the seminar. At the University of Notre Dame, Brinig is a Fellow of the Institute for Educational Initiatives at Notre Dame, and works closely with the Institute’s Alliance for Catholic Education (ACE) Program. She continues to conduct groundbreaking research with colleague Nicole Garnett on the negative impact of Catholic K-12 school closures on poor neighborhoods. Brinig has been honored for her work at a Notre Dame football game, and won the Distinguished Professor Award at George Mason University. She is a member of the American Law Institute. /assets/71610/original/brinig.jpgLAW70503, Family Law LAW70910, Insurance LAW73145, Law and Economics LAW75717, Alternative Dispute ResolutionBooks Lost Classrooms, Lost Community: Catholic Schools’ Importance in Urban America (with Nicole Garnett) (University of Chicago Press, 2014) Family, Law, and Community (U. Chi. Press 2010). Margaret F. Brinig, ed. The Economics of Family Law (2 vol.), part of the Economics of Law Series, gen. ed. Richard A. Posner and Francesco Parisi, Edward Elgar, 2007); also wrote introduction to the family law series Carl E. Schneider and Margaret F. Brinig, An Invitation to Family Law: Process, Problems and Possibilities (Third Edition) (West Publishing Company, 2006); Teacher's Manual, 2007 Margaret F. Brinig, From Contract to Covenant: Beyond the Law and Economics of the Family (Harvard University Press, 2000) Carl E. Schneider and Margaret F. Brinig, An Invitation to Family Law: Process, Problems and Possibilities (Second Edition) (West Publishing Company, 2000); Teacher's Manual, 2001 Margaret F. Brinig, Carl E. Schneider and Lee H. Teitelbaum, Family Law in Action (Anderson Publishing, 1999) Articles Substantive Parenting Arrangements in the USA: Unpacking the Policy Choices, 27 Children and Family Law Quarterly 249 (2015). Grandparents and Accessory Dwelling Units: Preserving Intimacy and Independence 22 The Elder Law Journal 381 (2015) The Effects of Hollingsworth and Windsor on Family Law, 6 Elon Law Review 499 (2014) Margaret F. Brinig, Leslie Drozl and Loretta Frederick, Perspectives on Joint Custody Parenting as Applied to Domestic Violence Cases 52 Family Court Review 272 (2014) Margaret F. Brinig & Nicole Stele Garnet, Accessory Dwelling Unit Reforms: Death by a Thousand Paper Cuts?, 37 Planning & Zoning Law Reports 3 (2014) Margaret F. Brinig and Nicole Garnett, A Room of One’s Own? Accessory Dwelling Unit Reforms and Local Parochialism, 45 The Urban Lawyer 519 (2013) Margaret F. Brinig, Explaining Abuse of the Disabled Child, 46 Family Law Quarterly 267-95 (Summer,, 2012). Douglas W. Allen and Margaret Brinig, Child Support Guidelines and Divorce Incentives, 32 International Review of Law and Economics 309 (2012) Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools and Broken Windows, 9 Journal of Empirical Legal Studies 347 (2012). Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools, Charter Schools, and Urban Neighborhoods (with Nicole Garnett, 79 University of Chicago Law Review 31 (2012) Child Support Guidelines: The Good, the Bad, and the Ugly, 45 FAM. L.Q. 135 (2011) (with Douglas W. Allen). Do Joint Parenting Laws Make Any Difference? 8 Journal of Law and Empirical Studies 304-24 (2011) (with Douglas W. Allen). Catholic Schools, Urban Neighborhoods, and Education Reform, 85 NOTRE DAME L. REV. 887 (2010) (with Nicole Garnett) The One-Size-Fits-All Family, with Steven L. Nock, 49 Santa Clara L. Rev. 137 (2009). Children's Beliefs and Family Law, 58 Emory L.J. 55 (2008). The Public Choice of Driving Competence Regulations, 21 NOTRE DAME J.L. ETHICS & PUB. POL'Y 405-40 (2007). Are All Contracts Alike?, 43 WAKE FOREST L. REV. 533-57 (2008). From Family to Individual and Back Again, 51 HOWARD L.J. 1 - 14 (2007). Penalty Defaults in Family Law: The Case of Child Custody Default Rules in Private and Public Law: Extending Default Rules Beyond Purely Economic Relationships, 33 Florida State University Law Review 779-824 (2006). Margaret Brinig, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson and Gretchen Schmuch, Lawmaking by Public Welfare Professionals, 5 Whittier Journal of Child & Family Advocacy 57 (2006) Gerald G. Jogerst , Jeanette M. Daly, Margaret F. Brinig & Stephanos Bibas., The Association Between Statutory Penalties and Domestic Elder Abuse Investigations, 28 Journal of Crime and Justice 51 (2006) Margaret F. Brinig, Does Parental Autonomy Require Equal Custody at Divorce?, 65 Louisiana Law Review 1345 (2005) Margaret F. Brinig, Unhappy Contracts: The Case of Divorce, 1 Review of Law and Economics 241 (2005) Gerald J. Jogerst et al., APS Investigative Systems Associated with Country Reported Domestic Elder Abuse, 16 Journal of Elder Abuse & Neglect 1 (2004) Margaret F. Brinig & Steven L. Nock, Marry Me, Bill: Should Cohabitation be the (Legal) Default Option? 64 Louisiana Law Review 403 (2004). Margaret F. Brinig, Gerald J. Jogerst, Jeanette M. Daly, Gretchen A. Schmuch, and Jeffrey Dawson, The Public Choice of Elder Abuse Law, 33 Journal of Legal Studies 517 (2004). Margaret F. Brinig, The Role of Socioeconomics in Teaching Family Law, 41 San Diego Law Review 177(2004).Chicago Catholic Schools -- Stake a Claim to Neighborhoods (Quotes: Margaret "Peg" Brinig) Huffington Post Chicago -- September 4, 2012 Single-Dad Courtroom Wins Show Greater Embrace of New Families (Quotes: Margaret "Peg" Brinig) Bloomberg News -- July 25, 2011 Study Researches Effectiveness of Mediation in Custody Disputes (Faculty Profile: Margaret “Peg” Brinig) NDLS Home Page -- July 15, 2011 NDLS Hosts Law & Economics Conference - October 01, 2009Fritz Duda Family Chair in LawLeslie BergMBRINIG
MargaretLloyd2156 Eck Hall of Law574.631.5549mlloyd2@nd.edu
  • Faculty
  • Staff
  • Concurrent
  • Legal Writing
  • Legal Writing
Margaret Lloyd joined the law school in 2015 as LL.M. Student Services, program director and concurrent assistant professor. She supports the general LL.M. program and serves as primary administrative and advisory contact for LL.M. students. Prior to joining the Law School, she ​practiced at the Chicago firm of Wilson & McIlvaine​ and the Indiana firms Galvin, Galvin & Leeney and Tuesley Hall Konopa​,​ LLP, ​ focusing on employee benefits​, estate planning​ and tax litigation. Lloyd ​drafted estate planning and employee benefit documents and ​represent​ed​​ clients before ​​governmental agencies​, including the​ Internal Revenue Service and Department of Labor​,​ to secure favorable tax treatment of ​her ​client's benefit plans and estate plans. ​She also served as communications and media director of the Keough-Naughton Institute for Irish Studies at Notre Dame, providing experience working with international students and faculty.​ Lloyd is a graduate of the University of Notre Dame, having earned degrees in history, with high honors, and law. She is licensed to practice law in Indiana. In addition to serving as LLM Program Director, she co-teaches LL.M. Legal Research, Writing and Analysis​ with research librarian Dwight King​.
  • Administrators
LL.M. Student Services Program DirectorConcurrent Assistant Professor of Lawmlloyd2
MarkCriniti1100 Eck Hall of Law574.631.6627
  • Faculty
  • Adjunct
  https://law.nd.edu/assets/188933/original/mark_criniti.jpgAdjunct ProfessorMCRINIT1
MarkMcKenna3120 Eck Hall of Law574.631.9258574.631.4197markmckenna@nd.eduhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=347075http://www.nd.edu/~ndlaw/faculty/cv/mckenna_cv.pdf
  • Faculty
  • Deans
  • Tenure and Tenure-track Faculty
  • Copyright Law
  • Design Patent
  • Intellectual Property Law
  • Torts
  • Trademarks
Mark P. McKenna teaches and writes in the area of intellectual property. Professor McKenna is widely recognized as a leading scholar in the trademark area, having published a number of articles in leading law journals on the topic of trademark law. He has also written about design patent, copyright, the right of publicity, and the intersection of intellectual property rights regimes. Some of his latest projects include an empirical study of Lanham Act false advertising decisions, a comparative analysis of innovation institutions and failures, and a study of the ways IP law understands product dimensions. Professor McKenna joined the Notre Dame Law School faculty on a permanent basis in the Fall of 2008 after visiting for a semester in the Spring of 2008. Prior to joining the faculty, Professor McKenna was a member of the faculty at Saint Louis University School of Law and practiced law with an intellectual property firm in Chicago, where he primarily litigated trademark and copyright cases. He graduated from the University of Notre Dame in 1997 with a degree in Economics and earned his J.D. from the University of Virginia School of Law in 2000. In addition to various intellectual property courses, Professor McKenna teaches the first year Torts class and has previously taught Civil Procedure. /assets/181942/300x/mckenna_mark_2_1_.jpgLAW60901, Torts LAW70134, Intellectual Property Survey LAW70128, Copyright LAW70136, Trade Dress & Design Law LAW70137, Trademarks & Unfair CompetitionBooks THE LAW OF INTELLECTUAL PROPERTY (Aspen Law & Business, Fourth Edition (2013) (with Craig Nard & Michael Madison) THE LAW OF INTELLECTUAL PROPERTY (Aspen Law & Business, Third Edition 2011) (with Craig Nard, Michael Madison, and David Barnes) Law Review Articles The Scope of IP Rights, 57 WILLIAM & MARY LAW REVIEW __ (forthcoming 2016) (with Mark A. Lemley). Response: Systems of Human and Intellectual Capital, 93 Tex. L. Rev. See Also 231 (2015) (with Brett M. Frischmann). Confusion Isn’t Everything, 89 Notre Dame L. Rev. 253 (2013) (with William McGeveran). Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP, 100 GEORGETOWN LAW JOURNAL 2055 (2012) (with Mark A. Lemley) (100th Anniversary Volume). A Consumer Decision-Making Model of Trademark Law, 97 VIRGINIA LAW REVIEW 67 (2012). Owning Mark(et)s, 109 MICH. L. REV. 137 (2010) (with Mark A. Lemley). Irrelevant Confusion, 62 STAN. L. REV. 413 (2010) (with Mark A. Lemley). Testing Modern Trademark Law’s Theory of Harm, 95 IOWA L. REV. 63 (2009). Selected as one of the best law review articles on intellectual property law published in 2009 and republished in the INTELLECTUAL PROPERTY LAW REVIEW (West 2010) Trademark Use and the Problem of Source, 2009 U. ILL. L. REV. 773 (2009). The Normative Foundations of Trademark Law, 82 NOTRE DAME L. REV. 1839 (2007); reprinted at 97 TRADEMARK REP. 1126 (2007). Reprinted at 97 TRADEMARK REPORTER 1126 (2007) Winner of 2007 Ladas Memorial Award for writing excellence on the subject of trademarks and related matters (International Trademark Association) The Right of Publicity and Autonomous Self-Definition, 67 U. PITT. L. REV. 225 (2005). Book Chapters and Symposium Contributions Progress and Competition in Design, 17 STANFORD TECHNOLOGY LAW REVIEW _ (forthcoming 2014) (with Katherine J. Strandburg) (contribution to Stanford Law School symposium on Design Patents in the Modern World) How to Fix Copyright in Three Impossible Steps: Review of WILLIAM PATRY, HOW TO FIX COPYRIGHT, 39 JOURNAL OF COLLEGE & UNIVERSITY LAW 715 (2013) Trademark Law’s Faux Federalism, in INTELLECTUAL PROPERTY AND THE COMMON LAW, Shyamkrishna Balganesh, ed. (Cambridge University Press 2013) (invited contribution to University of Pennsylvania Law School symposium on Intellectual Property and the Common Law) Dastar’s Next Stand, 19 JOURNAL OF INTELLECTUAL PROPERTY LAW _ (forthcoming 2012) (invited contribution to The Future of Intellectual Property Law symposium) (Dys)functionality, 48 HOUSTON LAW REVIEW (forthcoming 2012) (invited contribution to University of Houston Law Center Institute for Intellectual Property & Information Law Santa Fe Conference, Trademark: Today and Tomorrow) Introduction: Creativity and the Law, 86 NOTRE DAME LAW REVIEW 1819 (2011) (introduction for symposium on Creativity and the Law) (http://www.nd.edu/~ndlrev/archive_public/86ndlr5/McKenna.pdf) Probabilistic Knowledge of Third-Party Trademark Infringement, 2011 STANFORD TECHNOLOGY LAW JOURNAL _ (forthcoming) (invited contribution to symposium on Secondary and Intermediary Liability on the Internet) Intergenerational Progress, 2011 WISC. L. REV. 123 (with Brett Frischmann) (invited contribution to Wisconsin Law Review symposium on Intergenerational Equity and Intellectual Property) Back to the Future: Rediscovering Equitable Discretion in Trademark Cases, 14 LEWIS & CLARK L. REV. 537 (2010) (invited contribution to Business Law Forum on Intellection Property Remedies) An Alternate Approach to Channeling?, 51 WM. & MARY L. REV. 873 (2009) (invited contribution to conference on The Boundaries of Intellectual Property); Teaching Trademark Theory Through the Lens of Distinctiveness, 52 ST. LOUIS U. L.J. 843 (2008) (contribution to annual teaching edition) What'€™s the Frequency Kenneth? Channeling Doctrines in Trademark Law, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH (Peter Yu, ed., Praeger Press 2007) Intellectual Property, Privatization and Democracy: A Response to Professor Rose, 50 ST. LOUIS U. L.J. 829 (2006) (invited contribution to Childress Lecture program) The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property, WASH. U. J.L. & POL’Y 11 (2006) (invited contribution to conference on The Rehnquist Court and the First Amendment) Works-in-Progress An Empirical Study of False Advertising Claims under the Lanham Act (work-in-progress) (with Deborah Gerhardt and Kevin McGuire) Criminal Trademark Law and the Problem of Inevitable Creep (work-in-progress) What’s Inside, and What’s Out: How IP Law (Mis)Understands What a Product Is (with Christopher Sprigman) (work-in-progress) Comparative Analysis of Failures and Institutions in Context (with Brett Frischmann) (for the Yale Law School symposium on Innovation Law Beyond IP) An Empirical Study of Trademark Functionality (work-in-progress) Amicus Briefs Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant Lubecore International, Inc. and Reversal, Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc. (6th Cir. 2012) Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant, Board of Trustees of the University of Alabama v. New Life Art, et al. (11th Circuit 2010) Other Writings Super-Sizing IP Values, Reviewing MADHAVI SUNDER, FROM GOODS TO A GOOD LIFE, Concurring Opinions blog (September 12, 2012) Don’t Stop at SOPA. SOPA and PIPA are (almost) dead. Now can we talk about the law that already exists? Slate (January 20, 2012) 9 Cheeky Weed-Based Logos That Will Get Copyright Lawyers High - (Quotes: Mark McKenna), BuzzFeed News, April 20, 2015 ‘People thought it was Banksy’: Comedian Nathan Fielder reveals the REAL story behind his Dumb Starbucks prank - (Quotes: Mark McKenna), Daily Mail, July 17, 2014 The Limits of the Supreme Court’s Technological Analogies (Opinion), Slate.com, June 26, 2014 Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV - (Quotes: Mark McKenna), Forbes, June 25, 2014 Supreme Court deals severe blow to Aereo - (Quotes: Mark McKenna), CBS News, June 25, 2014 US patent office strips Washington Redskins of ‘offensive’ trademarks - (Quotes: Mark McKenna), CBS News, June 19, 2014 Tech groups’ courtroom victories on smartphone patents lead nowhere - (Quotes: Mark McKenna), Financial Times, June 18, 2014 Apple-Samsung legal outcome won't likely end feud - (Quotes: Mark McKenna), CBS News, May 5, 2014 Apple's Win in Court Won't Hurt Samsung or Android - (Quotes: Mark McKenna), Wall Street Journal, May 4, 2014 Apple-Samsung jury splits the baby: The experts weigh in - (Quotes: Mark McKenna), Fortune, May 3, 2014 Apple vs Samsung: Why this trial will be harder for Apple - (Quotes: Mark McKenna), CNBC, April 10, 2014 Apple and Samsung head to court again - (Quotes: Mark McKenna), USA Today, March 30, 2014 Apple’s War on Samsung Has Google in Crossfire - (Quotes: Mark McKenna), New York Times, March 30, 2014 Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says - (Quotes: Mark McKenna), Forbes, March 25, 2014 Why 'Dumb Starbucks' Is Probably Illegal - (Quotes: Mark McKenna), Business Insider, Feb. 10, 2014 Starbucks responds to Dumb Starbucks in LA - (Quotes: Mark McKenna), USA Today, Feb. 10, 2014 Apple Breaks Legal Serve in Samsung’s Home Court - (Quotes: Mark McKenna), Mac News World, December 13, 2013 Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review -- But It's Not Over Yet - (Quotes: Mark McKenna), Forbes, November 21, 2013 Apple gets $290M in Samsung patent dispute - (Quotes: Mark McKenna), USA Today, November 21, 2013 Samsung says $52m, not $380m, is owed for Apple patent infringement - (Quotes: Mark McKenna), Guardian, November 14, 2013 Google scores key legal victory in books lawsuit - (Quotes: Mark McKenna), USA Today, November 14, 2013 http://www.crainsnewyork.com/article/20130710/TECHNOLOGY/130719993 - (Quotes: Mark McKenna), Crain's, July 10, 2013 Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark McKenna), NPR’s Morning Edition March 20, 2013 Colin Kaepernick defends move to protect personal brand - USA Today - February 4, 2013 The Problem of Genericide in Trademarks (Quotes: Mark McKenna) Legalzoom, September 2012 Should Google Be Running Scared From Apple? (Quotes: Mark McKenna) Wired Aug 28, 2012 With Samsung win on Galaxy Tab, judge may reconsider U.S. ban (Quotes: Mark McKenna) Reuters Aug 27, 2012 Samsung shares fall after Apple verdict (Quotes: Mark McKenna) Washington Post Aug 27, 2012 Apple verdict could alter future of tablet, phone design (Quotes: Mark McKenna) Fox News.com and USA Today Aug 27, 2012 Apple jurors grappled with complex patent issues (Quotes: Mark McKenna) Associated Press, Aug 26, 2012 Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark McKenna) Bloomberg/Businessweek, Aug 26, 2012 Apple vs. Samsung: Three possible outcomes(Quotes: Mark McKenna) CNN Money, Aug 24, 2012 Apple v Samsung: Five experts, five questions (Quotes: Mark McKenna) Computerworld, Aug 22, 2012 Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal, March 22, 2012 Free Speech vs. Infringement in Suit on Alabama Artwork (Quotes: Mark McKenna) New York Times, January 30, 2012 Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit (Quotes: Mark P. McKenna) Milwaukee Journal Sentinel, Jan. 24, 2012 Don’t Stop at SOPA (Opinion by: Mark P. McKenna) Slate.com, January 20, 2012Associate Dean for Faculty Research and DevelopmentProfessor of LawNotre Dame Presidential FellowLuAnn NateMMCKENN6
Mary EllenO'Connell3104 Eck Hall of Law574.631.7953574.631.4197MaryEllenOConnell@nd.eduhttps://en.wikipedia.org/wiki/Mary_Ellen_O%27Connellhttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=375701http://www.nd.edu/~ndlaw/faculty/cv/oconnell_cv.pdf
  • Faculty
  • Tenure and Tenure-track Faculty
  • Armed Conflict
  • Art Law
  • Human Rights Law
  • International Courts
  • International Dispute Resolution
  • International Law
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, The Prohibition of the Use of Force, in RESEARCH HANDBOOK ON INTERNATIONAL CONFLICT AND SECURITY LAW, JUS AD BELLUM, JUS IN BELLO AND JUS POST BELLUM (N. D. White and C. Henderson eds., Edward Elgar 2013); Peace and War, in The HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW, (B. Fassbender and A. Peters, eds. Oxford, 2012); Unlawful Killing with Combat Drones, A Case Study of Pakistan 2004-2009, in SHOOTING TO KILL: SOCIO-LEGAL PERSPECTIVES ON THE USE OF LETHAL FORCE (Simon Bronitt, et al. eds., Hart Publishing, 2012); Cyber Security Without Cyber War, 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 LAW73402, International Art Law LAW73428, International Law and the Use of Force LAW75718, International Dispute Resolution Recent Publication Books 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) Articles and Book Chapters Cyber Security without Cyber War, 17 J. CONFLICT & SECURITY L. 187-209 (2012). What is Aggression?: Comparing the Jus ad Bellum and the ICC Statute (with M. Niyazmatov) 10 J. INT’L CRIM. J. 189 (2012) Jus Cogens, International Law’s Higher Ethical Norms, in 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). Seductive Drones: Learning from a Decade of Lethal Operations, J. LAW, INFO. & SCI. (special issue; DOI: 10.5778/JLIS.2011.21.Oconnell.1) The Natural Superiority of Courts, FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA (Oxford Univ. Press., 2011). The Choice of Law Against Terrorism, 4 J. NAT’L SEC. L. & POL’Y 343 (2010). Responsibility to Peace: A Critique of R2P, 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). NATO at Sixty: America Between Law and War, 17 Ind. J. Global L. Studies 187 (2010). Responses to Ten Questions, 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). Arbitration and the Avoidance of War: The 19th Century American Vision in THE UNITED STATES AND INTERNATIONAL COURTS AND TRIBUNALS 30 (Cesare Romano ed., Cambridge, 2009) Combatants and the Combat Zone, 43 University Of Richmond Law Review 845 (2009). Beyond Wealth: Stories of Art, War, and Greed, 59 ALA. L. REV. 1075 (2008) Preserving the Peace: The Continuing Ban on War Between States, 38 CAL. WESTERN L. REV. 41 (2008) Die Forderung nach humanitären Interventionen – eine kritische Betrachtung, im DAS RECHT UND DIE MACHT. BEITRÄGE ZUM VÖLKERRECHT UND VÖLKERSTRAFRECHT AM BEGINN DES 21. JAHRHUNDERTS (Gerd Hankel ed., 2008) (The Claims for Humanitarian Intervention, A Critical Observation in Law and Power, in CONTRIBUTIONS TO INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW AT THE BEGINNING OF THE 21ST CENTURY) Rethinking the Remedy of Return in International Art Law (with M. Alevras-Chen), in THE ACQUISITION AND EXHIBITION OF CLASSICAL ANTIQUITIES, PROFESSIONAL, LEGAL AND ETHICAL PERSPECTIVES 114 (Robin F. Rodes ed. 2008) The Nicaragua Case: Preserving World Peace and the World Court, in International Law Stories 339-70 (John E. Noyes et al. eds., 2007). The Ban on the Bomb - and Bombing: Iran, the U.S., and the International Law of Self-Defense, 57 Syracuse L. Rev. 497 (2007) (with Maria Alveras-Chen). The Counter-Reformation of the Security Council, 2 J. INT’L L. & RELATIONS 107 (2005). Crying War, in INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: BRIDGING THEORY AND PRACTICE (Tom Biersteker et al, eds. Routledge 2007). The United Nations Security Council and the Authorization of Force: Renewing the Council Through Law Reform, 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). Affirming the Ban on Coercive Interrogation, 66 OHIO STATE L. J. (2005). Taking Opinio Juris Seriously, A Classical Approach to International Law on the Use of Force, in INTERNATIONAL CUSTOMARY LAW ON THE USE OF FORCE: A METHODOLOGICAL APPROACH 9 (E. Cannizzaro and P. Palchetti eds. 2005). Enhancing the Status of Non-State Actors Through a Global War on Terror, 43 COL. J. TRANS. LAW 435 (2005) Who Helps the Hegemon? 8 AUSTRIAN REV. INT’L & EUR. L. 91 (2003) Controlling Countermeasures, in INTERNATIONAL RESPONSIBILITY TODAY: ESSAYS IN MEMORY OF OSCAR SCHACHTER 49 (M. Ragazzi ed., 2005) Occupation Failures and the Legality of Armed Conflict: The Case of Iraqi Cultural Property, 9 J. ART & ANTIQUITY LAW 323 (2004) La Doctrine Américaine et L’intervention en Iraq (The Iraq War in American Legal Scholarship) 2003 ANNUAIRE FRANÇAISE 3 The Legal Case Against the Global War on Terrorism, 36 CASE W. RES. J. INT’L L. 349 (2004) Lawful and Unlawful Wars Against Terrorism in THE WAR ON INTERNATIONAL TERRORISM 79 (Ved Nanda ed., Transnational, 2005) Ad Hoc War, in KRISENSICHERUNG UND HUMANITÄRER SCHUTZ—CRISIS MANAGEMENT AND HUMANITARIAN PROTECTION 399 (Horst Fischer et al, eds., 2004) Re-Leashing the Dogs of War, Review Essay of Christine Gray, International Law and the Use of Force (2000) 97 AM. J. INT’L L 446 (2003) To Kill or Capture Suspects in the Global War on Terror, 35 CASE W. RES. J. INT’L L. 325 (2003) Enforcing International Law in National Courts: The German and American Experiences Compared in KONFLIKT DER RECHTSKULTUREN? DIE USA UND DEUTSCHLAND IM VERGLEICH/AMERICAN AND GERMAN LEGAL CULTURES, CONTRAST, CONFLICT, CONVERGENCE? (2003) Lawful Self-Defense to Terrorism, 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)) American Exceptionalism and the International Law of Self-Defense, 31 DENVER J. INT’L L. & POL’Y 43 (2002) Pre-emption and Exception, The US Moves Beyond Unilateralism, 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)) The Myth of Preemptive Self-Defense, 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) Evidence of Terror, 7 J. OF CONFLICT AND SECURITY LAW 19 (2002) Debating the Law of Sanctions, 13 EUR. J. INT’L L. 63 (2002) Humanitarian Assistance in Non-International Armed Conflict, The Fourth Wave of Rights, Duties and Remedies, 31 ISRAEL YBK. ON HUMAN RIGHTS 183 (2001) The UN, NATO and International Law After Kosovo, 22 HUM. RTS. Q. (February 2000) (excerpted in INTERNATIONAL LAW (B. Carter et al., eds. 2003)) The Role of Soft Law in a Global Order in Commitment and Compliance, in THE ROLE OF NON-BINDING NORMS IN THE INTERNATIONAL LEGAL SYSTEM (Dinah Shelton ed., 2000) New International Legal Process, 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)) The Application of International Law to the New Security Agenda, The Johns Hopkins University Bologna Center, Occasional Paper No. 2 (October 1997) Regulating the Use of Force in the 21st Century: The Continuing Importance of State Autonomy, 36 COL. J. TRANS. L. 473 (1997) Why Do States Take on International Environmental Law Obligations?: A Comparison of the United States and The Netherlands in ENVIRONMENTAL LAW AND POLICY IN THE UNITED STATES AND THE EUROPEAN UNION (Randall Baker, ed. 1997) Environment and Security Concerns for Europe, Europa Institut, No. 352, University of Saarland (1996) International Legal Issues of the Dayton Accords: Arresting the Indicted and Preventing Partition, in A CLOSE-UP VIEW OF EUROPEAN SECURITY, Institute for Strategic and Defence Studies, Budapest (1996) Enforcement and the Success of International Environmental Law, 3 IND. J. GLOBAL L. Stud. 47(1995)(excerpted in INTERNATIONAL ENVIRONMENTAL LAW AND POLICY (D. Hunter et al., eds. 2002, 1998) The Failure to Observe Provisional Measures of Protection in the Case of Bosnia v. Yugoslavia, Walther-Schücking-Kolleg, No. 15, Institut für Internationales Recht an der Universität Kiel (1994) Using Trade to Enforce International Environmental Law, 1 IND. J. GLOBAL L. STUD. 273 (1994) Enforcing the New International Law of the Environment, 35 GERMAN YEARBOOK OF INTERNATIONAL LAW 293 (1992) International Legal Aid: The Secretary General's Trust Fund to Assist States in the Settlement of Disputes Through the International Court of Justice, in INTERNATIONAL COURTS IN THE TWENTY-FIRST CENTURY (Mark Janis ed., 1992) Continuing Limits on UN Intervention in Civil War, 67 IND. L. J. 903 (1992) Enforcing the Prohibition on the Use of Force: The U.N.'s Response to Iraq's Invasion of Kuwait, 5 SO. ILL. L.R. 453 (1991) The Prospects for Enforcing Monetary Judgments of the International Court of Justice: A Study of Nicaragua's Judgment Against the United States, 30 VA. J. INT'L L. 891 (1990) The United States Experience at the International Court of Justice (with D'Amato) in THE INTERNATIONAL COURT OF JUSTICE AT A CROSSROADS (L.F. Damrosch ed., 1987) Soviet Prisoners in the Afghan Conflict, 23 COL. J. TRANS. L. 483 (1985) Selected Shorter Publications, Online Publications and Conference Proceedings since 2007: When are Drone Killings Illegal? Aug. 16, 2012, CNN OPINION. Affirming the Ban on Bombing Iran, March 2012, Syracuse University College of Law, The Right of Self-Defense, Oxford Bibliographies Online, March 2012 http://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-9780199796953-0028.xml The Principle of Necessity and the Libya Intervention, Panel: Revolution & Intervention in the Middle East, PROC. 105TH AM. SOC. INT’L L. (2012) The International Law of Drones, ASIL INSIGHTS, Nov. 12, 2010. Ten Questions, 5 J. NAT’L SEC. FORUM 5113 (2010) Toward a New Paradigm: Notre Dame’s Institute of Advanced Studies, 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) Saving Lives Through a Definition of International Armed Conflict, Panel: 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 No Excuses, Our Obligation to Prosecute Human Rights Violations, 201 AMERICA 11 (August 3-10, 2009) International Law’s Natural Normativity, Panel: Visions of International Law: Insights from Normative Theory, 103 PROC. AM. SOC. INT’L L. 385 (Mar. 25-28, 2009) Review of Thomas Weiss, Humanitarian Intervention: Ideas in Action (2007) 7 PERSPECTIVES ON POLITICS 712 (No. 3 2009) President Obama: New Hope for International Law? JURIST, Jan. 26, 2009 Defining Armed Conflict, 13 J. CONFLICT & SECURITY L. 393 (Winter 2008). Old Hawks Wrong for Foreign Policy, CHICAGO TRIBUNE, Dec. 2, 2008, http://www.chicagotribune.com/news/nationworld/chi-oped1202hawkdec02,0,4506121.story The Way Forward: Post 9/11 Principles, JURIST, Nov. 25 2008, http://jurist.law.pitt.edu/forumy/2008/11/way-forward-post-911-principles.php International Legal Process, MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (R. Wolfrum et al. eds., 2008) Learning from the Iraq War: The Wisdom of International Law, JURIST, March 19, 2008, http://jurist.law.pitt.edu/forumy/2008/03/learning-from-iraq-war-wisdom-of.phpWhy Obama, when moving to punish Syria, is unlikely to go it alone (+video) - Christian Science Monitor (Quotes: Mary Ellen O’Connell), August 26, 2013 - McClatchy Washington Bureau (Quotes: Mary Ellen O’Connell), August 26, 2013 Attack Needs U.N. Approval to Be Legal (Opinion by Mary Ellen O’Connell) New York Times - August 26, 2013 Drones, Guantanamo part of broad Obama counterterrorism speech - CBS News (Quotes: Mary Ellen O’Connell), May 23, 2013 Law School’s O’Connell to testify before Congress on citizens’ rights during 'War on Terror' ND News, May 22, 2013 CIA Terror War Torture And Rendition Program: An Italian Spy Is Sentenced To Jail - Can Tenet, Rumsfeld, Cheney, Ashcroft Be Next? - 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 - How Obama Transformed an Old Military Concept So He Can Drone Americans - NBCNews.com - 'Judge, jury and executioner': Legal experts fear implications of White House drone memo - New York Times - A Contradiction in Terms - NBC - 4 key questions about controversial Justice Department drone memo - Guest on KQED Radio - Using Drones to Target Americans - Op-ed in New York Times - The Questions Brennan Can't Dodge How Obama Transformed an Old Military Concept So He Can Drone Americans - Wired - (Quotes: Mary Ellen O’Connell), February 5, 2013 Brennan must answer for drones, torture (Opinion by Mary Ellen O’Connell) CNN.com – January 14, 2013 Palestinian 'state' vote a crisis moment - Asian Times (Quotes: Mary Ellen O’Connell), November 29, 2012 Drone technology raises questions on evolving nature of war and its conduct - National Catholic Reporter (Quotes: Mary Ellen O’Connell), November 5, 2012 US faces more activism against America's drone policy in Pakistan - The Voice of Russia (Quotes: Mary Ellen O’Connell), October 22, 2012 In legal battle against drone strikes, she's on the front lines – LA Times – (Quotes: Mary Ellen O’Connell), October 9, 2012 The Democrats and the Liberal Catholic Voter - NYTimes.com New York Times - (By: Mary Ellen O’Connell), September 19, 2012 Does Libya intervention violate War Powers Resolution? – St. Petersburg Times – (Quotes: Mary Ellen O’Connell), June 24, 2011 Debate: Did Obama Overstep His Authority In Libya? – NPR (Quotes: Mary Ellen O’Connell), June 23, 2011 U.S. strains credibility on its Libya role (Opinion by Mary Ellen O’Connell) CNN.com – June 21, 2011 Drone warfare won’t win in Libya (Opinion by Mary Ellen O’Connell) CNN.com – April 25, 2011 US Works With Sudan on Gitmo – Wall Street Journal (Quotes: Mary Ellen O’Connell), August 12, 2010 Hentoff: Is Obama ‘in Love With Drones’? – (Quotes: Mary Ellen O’Connell), July 31, 2010 Few batting eyes at Obama’s deadly drone policy – The Trentonian (Quotes: Mary Ellen O’Connell), July 28, 2010 Obama’s in love with drones – WorldNetDaily (Quotes: Mary Ellen O’Connell), July 27, 2010 Do drone attacks comply with international law? – PolitiFact (Quotes: Mary Ellen O’Connell), July 1st, 2010 Legal questions raised over CIA drone strikes – Associated Press, April 29, 2010 (Quoting Mary Ellen O’Connell) House subcommittee hearing questions legality of drone attacks – CNN.com, April 28, 2010 (Quoting Mary Ellen O’Connell) Respect the Battlefield – The U.S. Has No More Legal Authority Today to Kill Persons in Yemen than it Had in 2002 (by: Mary Ellen O’Connell) – CBS News Opinion, April 9, 2010 International legal experts question legality of US drone strikes – Malaysia Sun, April 7, 2010 (Quoting Mary Ellen O’Connell) U.S. Defends Legality of Killing With Drones – The Wall Street Journal, April 4, 2010 (Quoting Mary Ellen O’Connell) NPR interviews Prof. O’Connell on drone strikes – National Public Radio, March 26, 2010Robert and Marion Short Professor of Law andResearch Professor of International Dispute ResolutionTracy ZielkeMOCONNE7
Mary Squyres mary.m.squyres.3@nd.edu
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 Mary Squyres is a Shareholder of Brinks Hofer Gilson & Lione and serves as its Chairman of International Trademark Group. Squyres manages eight staff and more than 20,000 active trademark files. Her practice includes international trademark litigation, licensing and prosecution, including determination of international filing strategies, negotiating worldwide mutual co-existence agreements and effective enforcement strategies to defend marks and prevent infringements. She joined Brinks Hofer Gilson & Lione in 1991. Squyers served as Special Assistant to Corporate General Counsel at Sears, Roebuck and Co. She is a Visiting Professor of The Community Trade Mark and the Madrid Protocol at Cooley Law School, Adjunct Professor of Legal Writing for Intellectual Property Practice at The John Marshall Law School, Visiting Professor of The Community Trade Mark and the Madrid Protocol at McGill University. She is a Member of International Trademark Association (INTA), MARQUES, European Community Trade Mark Association (ECTA) and The National Registry of Who's Who. Ms. Squyres holds LL.M. in Intellectual Property from The John Marshall Law School in 1994, J.D. from Valparaiso University School of Law in 1982, M.A. in American History from The University of Chicago in 1972 and B.A. from Manhattan ville College in 1971. https://law.nd.edu/assets/187843/original/mary.jpgAdjunct Professor
MattKnecht1188D Eck Hall574.631.5766
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