The Justice Department is suing publishers and Apple for price fixing in the e-book market. Three publishers — Simon & Schuster, HarperCollins and Hachette — decided to settle the suit. But Apple — along with publishing companies Macmillan and Penguin — plan to fight the allegations. Prof. Bauer’s portion begins about 2 minutes into the program. Listen
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Antitrust expert Joseph Bauer, a professor of law at the University of Notre Dame, said the lawsuit raises interesting issues, particularly on pricing. “Competition on price has historically been the most important goal of antitrust enforcers, since it is seen as the best way to maximize consumer welfare,” Bauer explained, in an email. > Read More
Professor M. Cathleen Kaveny and Melanne Verveer, U.S. ambassador-at-large for global women’s issues, spoke at a Georgetown University symposium sponsored by the Woodstock Theological Center March 24.
Reasons for hope in trying times for women – The Dialog (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology)
“CLC and the university are using Daniel Moore as a test case. The bottom line is that Alabama and other schools want to control all the merchandise carrying an image associated with their schools. If they win, it isn’t clear how far they could take this. If Daniel Moore isn’t free to use an image from an Alabama game, how do we know that, say, Sports Illustrated wouldn’t be able to use a photo from an Alabama football game without the university’s approval? How do we know it would be OK for a newspaper to print a game photo? For that matter, could they even say ‘University of Alabama’ or ‘Crimson Tide’ in print?”
Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal, March 22, 2012
Professor Mary Ellen O’Connell is giving two talks next week on the legal and ethical issues raised by drone warfare. One will take place at the "Ethics of Assassination" symposium at the University of Richmond March 27 and is likely to be featured on C-Span. The other, "Deadly Drones," is a March 29 Hesburgh lecture at the Army JAG School in Charlottesville, Va. It is being co-sponsored by the Notre Dame Club of Charlottesville and the Army Judge Advocate General’s Legal Center and School.
“It’s a smell test,” says Lloyd Hitoshi Mayer, a Notre Dame professor who specializes in election and tax law. Donor corporations’ lawyers “could take the position that unless an ad is express advocacy, it’s not across the line for tax purposes.”
Could Corporations Take Tax Breaks on Political ‘Dark Money’?, ProPublica, March 19, 2012
Are Corporations Claiming Tax Breaks for Super PAC Donations?, The Atlantic Wire, March 19, 2012
IRS Battling Tea Party Groups Over Tax-Exempt Status (Quotes: Lloyd Mayer) – The Huffington Post, March 2, 2012
Proposition 8 and the Metaphysics of Marriage
JURIST Guest Columnist Robert Rodes of the University of Notre Dame Law School says that while some legal recognition of same-sex relationships has gained widespread support, creating same-sex marriage rights must be left to the democratic processes…
Column: HHS mandate still undermine religious freedom?
Richard W. Garnett is a professor of law and associate dean at the University of Notre Dame and a senior fellow at the Center for the Study of Law & Religion at Emory University.
Professor Mark P. McKenna argued before the United States Court of Appeals for the 11th Circuit Feb. 2 in a landmark trademark infringement case. Professor McKenna appeared as an amicus curiae (“friend of the court”) in support of sports artist Daniel Moore, who has been locked in litigation with the University of Alabama regarding the sale of Moore’s paintings of Alabama football games and merchandise bearing reproductions of those paintings.
Prof. McKenna’s amicus brief is available here.
The New York Times article describing the case and quoting Professor McKenna is available here.
NDLS Professor Carter Snead co-authored an Op-Ed about Planned Parenthood and the Susan G. Komen Foundation that was published in the Wall Street Journal Feb. 6. Professor Snead is the future director of the Center for Ethics and Culture at the University of Notre Dame. His co-author, Robert P. George, is professor of jurisprudence and director of the James Madison Program at Princeton University. The full Op-Ed is available here
Free Speech vs. Infringement in Suit on Alabama Artwork
New York Times
The case is of great interest to “artists all over the country whose free speech rights should not be subject to licensing arrangements by colleges and universities,” said Mark P. McKenna, a law professor at Notre Dame who was part of a group of professors that wrote a friend-of-the-court brief to the Appeals Court on Moore’s behalf.
Kohler Co. steamed over Arizona firm’s name
Salon school makes change to avoid trademark suit
Milwaukee Journal Sentinel
People have no hard and fast right to use their name on their business if someone else already has trademarked it, said Durst and two academic experts – Mark McKenna of the University of Notre Dame Law School and J. Thomas McCarthy, senior professor at the University of San Francisco.
McKenna, however, called Kohler Co.’s assertions “a pretty aggressive use of their trademark rights.” > Read Article
Romney Tax Returns Show $7 Million in Donations Over 2 Years
It isn’t unusual for high earners like the Romneys to funnel money into charitable foundations that they control, said Lloyd Mayer, an associate dean at the University of Notre Dame Law School.
By Mark P. McKenna
Slate.com, January 20, 2012
Professor Richard W. Garnett’s USA Today column analyzing the Supreme Court’s landmark church-state decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC was picked up by the Associated Press and subsequently reported by numerous news outlets, including the Christian Science Monitor, CNN, the Los Angeles Times, The New York Times, Salt Lake Tribune, U.S. News & World Report, and the Washington Post. Professor Garnett’s amicus brief in support of the church in this case can be accessed here.
A Mississippi judge has temporarily blocked 21 of more than 200 executive pardons given this week by outgoing Gov. Haley Barbour (R-Miss.) during his final days in office, and University of Notre Dame Professor of Law Jimmy Gurulé counts himself among many who are outraged that Barbour allowed murderers to be released.
“The fact that Gov. Barbour would pardon one convicted murderer absent extenuating circumstances is deeply disturbing,” says Gurulé, who, in his 23 years at Notre Dame, has taken two major leaves to serve as assistant U.S. Attorney General and Undersecretary of the U.S. Treasury Department for Enforcement. “Pardoning four convicted murderers is shocking, insulting to the surviving family members of the murder victims, and demonstrates a callous disregard for our criminal justice system and the rule of law. In my opinion, Gov. Barbour’s actions are indefensible.”
The insanity defense: Defendants in two high-profile local cases to make an argument lawyers say rarely wins (Quoting Jimmy Gurulé) South Bend Tribune, December 10, 2011
NBA lockout: Law professor predicts players’ union to file more …
Los Angeles Times
Below are excepts of an interview with Notre Dame law professor Joseph Bauer on the NBA players’ union filing antitrust lawsuits against the league. …
Supreme Court Takes On Obamacare Challenge – Forbes
The Supreme Court takes on the case of whether Obamacare is constitutional, with all of its political ramifications.