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Under the direction of Professor Avishalom Tor, ND LAMB will promote research across the various fields that study how the law and legal institutions shape and are shaped by the market behaviors of individuals and firms. The research agenda examines issues across a number of legal fields—from corporate governance, antitrust, and intellectual property, through property and contract, to market regulation more generally—and draws extensively on relevant extra-legal research in psychology, economics, business, and beyond.
A new Chicago externship program will debut in August 2012, Dean Nell Jessup Newton has announced.
Whatever else its consequences, today’s Supreme Court’s decision upholding the Affordable Care Act won’t affect the issues raised in the lawsuit recently filed by several religious institutions against the federal government, according to O. Carter Snead, professor of law and William P. and Hazel B. White Director of the University of Notre Dame’s Center for Ethics and Culture.
The U.S. Supreme Court today largely upheld the Affordable Care Act, President Obama’s signature health care law, as predicted by University of Notre Dame Associate Dean and Law Professor Richard W. Garnett, a past clerk to former Chief Justice William Rehnquist and an expert on constitutional-law and religious-freedom matters.
The court decided that the “individual mandate,” which requires Americans to either purchase health insurance or pay a fine, effectively functions as a tax and is therefore constitutionally permissible.
“While the individual mandate survived its constitutional challenges, the sweeping assertions of regulatory power made by many of the act’s supporters did not,” Garnett says. “As the chief justice wrote, ‘the framers created a federal government of limited powers and assigned to this court the duty of enforcing those limits. The court does so today.’
Professor Judith Fox delivered a presentation on “Predatory lending: A Civil Rights Threat” to the 39th Annual Indiana Consortium of State and Local Human Rights Agencies June 21.
The Peggy Browning Fund has awarded a 10-week summer fellowship to Michael Gillman, a rising 3L at NDLS. Gillman is spending the fellowship working at the Laborers’ International Union of North America in Washington, D.C.
Professor Jimmy Gurulé delivered two panel presentations at a major international conference held in Siracusa, Italy, May 20-24, 2012.
Vice President and Associate Provost J. Nicholas Entrikin has appointed Professor Paolo Carozza to be the Director of the Kellogg Institute for International Studies at the University of Notre Dame.
A specialist in comparative law, international law, and human rights, and with expertise in both Latin America and Europe, Carozza has wide experience with the complex interdisciplinary issues that Kellogg Institute scholars engage in their work. As a member and then President of the Inter-American Commission of Human Rights from 2006 to 2010, Carozza has also been extensively involved in the practical work of addressing the abuses of past political regimes and fostering the conditions for democratic governance throughout the hemisphere. At Notre Dame Law School, he is the founding director of the innovative, interdisciplinary Program on Law and Human Development and directs the Doctorate of Juridical Science (J.S.D.) program. Recently he was appointed Director of the Center for Civil and Human Rights (CCHR), which was founded by Fr. Theodore M. Hesburgh, C.S.C. in 1973.
Major television news outlets have interviewed Professor Richard W. Garnett and Professor Carter Snead about the University of Notre Dame’s lawsuit challenging an HHS mandate on religious liberty grounds.
Professor Snead appeared on CNN. Professor Garnett appeared on MSNBC, where he was interviewed by Thomas Roberts, on the Fox News Channel’s “On the Record with Greta Van Sustern,” and on the Geraldo Rivera Show on Talk Radio 790 KABC.
Today, the University of Notre Dame, along with a diverse group of universities and schools, health care providers and social welfare agencies, filed federal lawsuits challenging the Obama administration’s rule that requires many religious employers to provide coverage to their employees for sterilization, contraception and some abortion-causing drugs.
The lawsuits are efforts to “vindicate the country’s constitutional and traditional commitments to religious freedom and pluralism,” according to University of Notre Dame Law Professor Richard W. Garnett, whose teaching and scholarly research focus on constitutional law and religious freedom matters.
Sunny Hostin, J.D. ’94, was named the Alvin McKenna Alumnus of the Year Award and asked to give the keynote address at the 2012 Black Law Students Association awards banquet at NDLS this year.
Leading IP scholars from across the country gathered at NDLS on April 27 for a roundtable on Professor Robert P. Merges’s 2011 book Justifying Intellectual Property.
The all-day conference was organized by NDLS Professor Mark P. McKenna. In addition to Professor McKenna, speakers included professors Barton Beebe (NYU), Oren Bracha (Texas), Eric Claeys (George Mason), Abraham Drassinower (Toronto), Shubha Ghosh (Wisconsin), Daniel B. Kelly, Brian Lee (Brooklyn); Margaret Radin (Michigan); Carol Rose (Arizona/Yale); Dave Schwartz (Chicago-Kent), Avishalom Tor, and Zahr Said (Washington).
Justice Marta Cartabia, a member of the Constitutional Court of Italy and a former Constitutional Law Professor at Milano Bicocca University, will deliver a lecture on “Toward a New European Model of Constitutional Adjudication?” at 4:30 p.m. April 26 in Eck Hall of Law Room 1140.
Justice Cartabia is the only woman among the members of the Consulta, the third woman to become a member in the history of the Court, and one of the youngest judges ever appointed. She is also serving as the Clynes Chair in Judicial Ethics at Notre Dame Law School.
A reception will follow the lecture in Eck Commons.
Ross Douthat spoke at NDLS on April 25th to the Federalist Society on his new book, “Bad Religion, How We Became a Nation of Heretics."
Ross Douthat is the youngest opinion columnist in the history of the New York Times, has written for The Wall Street Journal, The Weekly Standard, GQ, Slate, and currently writes movie reviews for The National Journal. He is a regular on The Colbert Report and Charlie Rose, and has written three books, the third of which will be the subject of his talk on Wednesday.
The Notre Dame Law & Economics Program is presenting a symposium on “Markets & Regulation in the 21st Century” with featured guests Professor Roberta Romano (Yale Law School) and Judge Richard A. Posner (U.S. Court of Appeals for the Seventh Circuit; University of Chicago Law School).
The April 20 program will begin at 2:00 p.m. in Eck Hall 1130 when Professor Romano will present her paper, “For Diversity in the International Regulation of Financial Institutions: Rethinking the Basel Architecture.” Then, at 3:30 p.m., Judge Posner will present his paper, “The Nirvana Fallacy Revisited.”
The Notre Dame Law Association has named Thomas L. Shaffer, Robert and Marion Short Professor Emeritus of Law, the 2012 recipient of The Rev. Michael D. McCafferty, C.S.C., Award. The McCafferty award is presented by the association to Notre Dame lawyers — or members of the Notre Dame Law School faculty or administration — who have rendered distinguished service to the University.
The award is named for Fr. Michael McCafferty, a popular and highly respected teacher at Notre Dame Law School whose life was shortened by cancer. The award is presented on occasions when the association’s board deems someone worthy of receiving it.
The Notre Dame Law School, along with the entire University of Notre Dame community, is delighted that Professor Barry Cushman, the James Monroe Distinguished Professor of Law and Professor of History at the University of Virginia, will be joining the Law School’s faculty this coming fall as the John P. Murphy Foundation Professor of Law, Dean Nell Jessup Newton announced.
The Notre Dame Federalist Society will host Judge Thomas Hardiman of the U.S. Court of Appeals for the Third Circuit on April 3 at 12:30 p.m. in Eck Hall of Law Room 1140.
Judge Hardiman will be discussing policy disagreements with the U.S. Sentencing Guidelines. Professor Stephen F. Smith will act as interlocutor. Lunch will be served.
The Federalist Society will also host former UN Ambassador John Bolton on Thursday, April 5, at 3:30 pm.
Ambassador Bolton’s talk will also take place in Eck Hall of Law Room 1140, with a reception to follow. Mr. Bolton will be speaking about foreign policy challenges for the Obama Administration. All are welcome.
John Tasioulas, Quain Professor of Jurisprudence in the Faculty of Laws at University College London will be delivering the 2012 Natural Law Lecture at NDLS on Tuesday, April 3, at 4 p.m. in Eck Hall of Law Room 1140. The lecture is open to the public.
Professor Tasioulas has written widely on issues regarding human rights, punishment, and international law. He is the co-editor (with Samantha Besson) of The Philosophy of International Law (Oxford: Oxford University Press, 2010) and is currently working on a monograph on the philosophy of human rights.
The case involves a mother’s appeal from her conviction for killing her son while attempting to exorcise a demon that she believed was possessing him. The defense unsuccessfully pled insanity. The issue on appeal is whether the evidence was sufficient to overcome the mother’s claim of insanity.
The three-judge appellate panel will be comprised of Judge Edward W. Najam Jr., Judge Paul D. Mathias and Judge Michael P. Barnes.
The public is invited to the oral arguments and to a subsequent Q/A session with the judges, who will entertain general questions about the law and the judiciary, but not about this case.
The briefs, a “Case at a Glance” summary, and bios of the judges are available here on the NDLS Website.
The Graciela Olivarez Award will be presented to the Honorable Carlos T. Bea at 3:30 p.m. this Friday in the Patrick F. McCartan Courtroom (reception to follow).
The Notre Dame Hispanic Law Students’ Association’s award commemorates the accomplishments of Graciela Olivarez, Notre Dame Law School’s first female and Latina graduate.
Judge Carlos T. Bea Bea was born in Spain to Cuban parents and played basketball for both the Cuban Olympic team and the Stanford University varsity team before starting a distinguished legal career in San Francisco that led him to his current seat on the U.S. Court of Appeals for the Ninth Circuit in 2003.
The lecture is sponsored by the Notre Dame Program on Constitutional Structure, which promotes interdisciplinary learning about how constitutional structures operate in the United States and abroad.
John Finnis is the Biolchini Family Professor of Law at Notre Dame and Professor of Law in the University of Oxford. Last spring, Oxford University Press published a five-volume collection of his essays and a second edition of his book, Natural Law and Natural Rights.
Professor Stephen J. Cribari and Professor Geoffrey Bennett will be at NDLS on Tuesday March 27 to provide information and answer questions about the London Year/London Semester Program. On Wednesday March 28 they will discuss the London Summer Program.
Both information meetings will take place at 12:30 p.m. – 1:30 p.m. in Eck Hall Room 1140.
Professor Bennett is director of the London Law Program and co-director (with Professor Cribari) of the London Summer Program.
The six-week London Summer Program is fully accredited and an integral part of Notre Dame Law School, which gives credit for its London courses in the same manner as it does for courses taken on its South Bend campus. Other law schools regularly approve a transfer of credits.
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.
The second annual roundtable conference of the NDLS Program on Constitutional Structure took place March 23.
Organized by Professor Jennifer Mason McAward, the theme of this year’s program is “The Reconstruction Amendments and Constitutional Structure.” This Conference brought together leading scholars of Constitutional Law in the United States, including Notre Dame faculty members, to discuss their important work on the Reconstruction Amendments to the Constitution of the United States—a topic of enduring importance in the U.S. federal system.