Professor Richard W. Garnett has been appointed as a consultant to the United States Conference of Catholic Bishops’ Ad Hoc Committee on Religious Liberty. The Committee is updating the bishops on religious liberty issues at the Conference’s November 14-16 meeting in Baltimore. More information about the Committee on Religious Liberty is available here.
News » Faculty
What Will Be the Outcome of Catholic Answers vs. IRS?
National Catholic Register (also published at Catholic News Agnecy)
However, the lawsuit’s success is “highly unlikely,” said Lloyd Hitoshi Mayer, a University of Notre Dame Law School professor.
Professor Mary Ellen O’Connell is speaking on "Peace as a Global Public Good" at a global public goods symposium in San Domenico di Fiesole, Italy. The October 24 symposium, “Public Goods and the Plurality of Legal Orders,” is organized by the European Society of International Law, the American Society of International Law, the European Journal of International Law, and the HiiL Project on Private Transnational Regulatory Regimes. > Read More
O. Carter Snead, professor of law at the University of Notre Dame, has been appointed the W.P. and H.B. White Director of the University’s Center for Ethics and Culture (CEC) by John McGreevy, I.A. O’Shaughnessy Dean of the College of Arts and Letters.
A member of the Notre Dame Law School faculty since 2005, Snead will succeed W. David Solomon, associate professor of philosophy, effective July 1.
Prof. Lloyd Mayer was quoted in the NY Times on October 12, 2011 in the article As Anti-Climate Group’s Activities Rise, So Do Questions About Its Secret Finances
Obama’s lawyers bid to regulate religious hiring
The department “is going against what almost every court has decided … it has taken an outlier position,” said Richard Garnett, a law professor at the University of Notre Dame and a senior fellow at the Center for the Study of Law & Religion at Emory University.
As the U.S. Supreme Court opens its October 2011 term, there is intense focus on several high-profile cases and questions the justices are likely to tackle later, including those involving affirmative action, health-care reform and immigration policy. However, according to Notre Dame Law School Professor Rick Garnett, the court is already set to hear, during this first week of the new term, one of the most important church-state cases in decades (Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC).
“The case involves the ‘ministerial exception’ to employment-discrimination laws,” Garnett says. “This exception prevents courts from second-guessing employment decisions made by religious employers regarding ‘ministerial’ employees. Although the Supreme Court has never squarely addressed this exception, it is a crucial doctrine for protecting religious freedom and the separation of church and state.”
Professor Mary Ellen O’Connell’s legal and policy analysis of the recent use of drones to kill Americans Anwar al-Awlaki and Samir Khan in Yemen has been reported by numerous news outlets, including ABC, Reuters, MSNBC, the Inter Press Service, Huffington Post, Reuters, Financial Times, NPR’s Talk of the Nation, and others. Her original CNN article on this topic can be accessed here.
Al-Awlaki Killing In Yemen Raises Constitutional Questions
That doesn’t excuse his killing, said Mary Ellen O’Connell, a Notre Dame scholar who studies targeted killings. “Derogation from the fundamental right to life is permissible only in battle zones or to save a human life immediately,” said O’Connell.
Killing of American in Yemen raises legal questions
Reuters (also published on MSNBC, ABC News, Reuters India, China Post, Malaysia Star, Chicago Tribune and four other publications)
“The fact that (al-Awlaki) was a dual U.S.-Yemeni citizen means that he had extra protections under the U.S. constitution than he would not have had if he was just a Yemeni citizen,” said Mary Ellen O’Connell, an international law professor at the University of Notre Dame’s law school. “So the president has done something in my view that is highly questionable under our own Constitution.”
U.S. drone killing of American al-Awlaki prompts legal, moral debate
CNN (also published on CNN International and in 57 other publications)
But Mary Ellen O’Connell, an expert on international law at the University of Notre Dame, said the key question concerned not citizenship but location. "The real concern is where is this person?’ she said. “He is not in an armed conflict zone, not in a battle zone.”
Using Drones Outside Combat Zones
University of Notre Dame international law professor Mary Ellen O’Connell released a statement calling the strike an illegal mission.
Obama under fire over targeted killing of cleric
Australian Broadcasting Company
Mary Ellen O’Connell, an international law professor, questioned whether the targeted killing was legal.
Awlaki’s killing sparks propaganda battle
Mary Ellen O’Connell, an internationally recognized expert on targeted killings at the University of Notre Dame, was similarly categorical.
Obama Admin Anti-Conscience Mandate Threatens Health Care
A recent rule issued by the Obama administration threatens our nation’s healthcare by attacking the consciences of our nation’s healthcare providers….O. Carter Snead is professor of law at University of Notre Dame Law School.
Was Killing al-Qaida’s YouTube Preacher Illegal?
Dunlap’s friend Mary Ellen O’Connell disagrees. And her credentials are just as impressive: she’s the vice chairman of the prestigious American Society of International Law, as well as a professor at the University of Notre Dame. Her argument doesn’t rely on Awlaki’s American citizenship.
Professor criticizes execution
Rick Garnett, professor of law and associate dean at the Notre Dame Law School, said the execution highlighted the American courts’ inability to properly handle new evidence in cases after a conviction has been reached.
“The publicity [Davis’] case received had the useful effect of reminding us that it is very difficult for any criminal justice system — even one that has as many safeguards as ours does — to deal with evidence that is discovered, or that changes, after a person is convicted and sentenced,” Garnett said. > Read Article
"Most important" religious freedom case
“People think separation of church and state means President Obama can’t say, ‘God bless America’ or ministers can’t talk about politics. But historically that is not what it is all about,” said Richard W. Garnett, a professor at Notre Dame Law School.
The Perfect Constitutional Question for Republican Candidates
“Would you as President propose to Congress appropriate legislation pursuant to the Fourteenth Amendment to protect human life in all stages and conditions?”…. Gerard V. Bradley is professor of law at Notre Dame Law School.
Professor Judith Fox presented Indiana judges with an update on mortgage foreclosure law at the Annual Meeting of the Judicial Conference of Indiana in French Lick, Indiana, September 21.
On September 14, she presented “Debt Collection and Mortgage Foreclosure” at the annual Indiana Continuing Legal Education Forum law update conference in Indianapolis.
Fox News Partners With Google After Years Of Attacks
Media Matters for America
Christianity Today reported that “corporations often exclude faith-based groups from their philanthropic programs or restrict who can qualify, said Lloyd Mayer, a professor at Notre Dame Law School” because they want to avoid any potentially polarizing causes.
South Bend plans open bids for sale of Family Dollar
“They want anything that comes in there to contribute to the city’s pre-existing vision of economic development,” said John Nagle, Notre Dame law professor.
Thomas says high court needs geographic diversity
University of Notre Dame Law School professor Richard Garnett told The Associated Press he’s not bothered by the lack of geographic diversity on the Supreme Court because he thinks the justices’ skills are more important than their roots.
Ten years on, experts revisit their perspectives from Sept. 12, 2001
Doug Cassel is Worldview human rights commentator and professor of law at the University of Notre Dame.
Church-state separation seen as issue in hospital merger
…Richard W. Garnett, law professor at the University of Notre Dame, said: “We could have what the court has called ‘excessive entanglement’ between religious and governmental authority.”
Court Rejects Challenges to German Euro Bailouts
New York Times, GoUpstate
“The court has defined itself as the guardian of the Constitution, playing a much different role from that of the American Supreme Court,” said Donald P. Kommers, emeritus professor of political science and law at Notre Dame and author of a book on the German court.
The Justice Department is suing to prevent AT&T from acquiring T-Mobile USA and displacing Verizon as the nation’s largest wireless carrier, and antitrust expert Joseph Bauer, professor of law at the University of Notre Dame, strongly supports the challenge.
“I’m pleasantly surprised, in light of reluctance on the part of the Justice Department and Federal Trade Commission to go after a number of other highly problematic mergers in the past 5 to 10 years,” Bauer says. “This merger would seriously reduce competition in the wireless market. By eliminating one of only four firms in the market and by creating what would be the largest entity in the industry and in which the two largest firms would have more than 80 percent of the market, the merger has the strong likelihood of diminishing consumer choice and leading to higher prices.”
The Primacy Of The Life Issue
National Right to Life News
I don’t know how long “The Public Discourse” has been in business (I discovered it about just a few months ago), but the site produces wave after way of thought-provoking pro-life material. To take the most recent example, there is “Protect the Weak and Vulnerable: The Primacy of the Life Issue” by O. Carter Snead.
While church leaders may be startled by Google’s changes, corporations often exclude faith-based groups from their philanthropic programs or restrict who can qualify, said Lloyd Mayer, a professor at Notre Dame Law School. He said Google is “trying to avoid anything that would reflect negatively on them” by avoiding potentially polarizing causes that might alienate customers. > Read Articles
Catholic doctors’ group launches petition against contraception mandate
Catholic News Agency
Notre Dame Law School professor O. Carter Snead told CNA on Aug. 2 that the exemption fails to cover “virtually any” Catholic institution that serves or employs non-Catholics. He said the government mandate could require contraceptive coverage for the health care plans of Catholic universities and Catholic social service agencies.
A joint project between the Notre Dame Law School’s Legal Aid Clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes—specifically the success of educational programs required by the courts and whether the type of mediation makes a difference.
Margaret Brinig, the Law School’s associate dean for faculty research, is one of the project’s principal investigators.