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.
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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.
Professor Jimmy Gurulé spent the NDLS Spring Break in Bahrain to assess the country’s pretrial detention policies and procedures. (Photo: Federal District Court Judge Nanette Laughrey, Jimmy Gurulé, and a Bahrani prosecutor)
The trip was funded by the State Department and American Bar Association Rule of Law Initiative to support Bahrain’s newly adopted zero tolerance policy toward “torture, inhuman treatment and degrading detention” of political prisoners, which includes detaining them without judicial process. An independent commission found that police tortured and used excessive force against civilians arrested during protests that followed successful uprisings in Egypt and Tunisia last year.
During the trip Professor Gurulé toured the country’s major prison and visited with Bahraini’s Attorney General, Minister of Justice, Chief Justice of the Supreme Court, and senior members of the Ministry of the Interior, as well as human rights lawyers and political prisoners. (Photo: Judge Laughrey, Paul Simonett (the ABA representative assigned to the Middle East), Jimmy Gurulé, and the AG)
He will now evaluate current legislation and procedures that allow for judicial monitoring of detainees and make recommendations on how the legislation and procedures should be improved or amended. He will also make recommendations on the establishment and operations of a Special Prosecution Unit to investigate and prosecute allegations of government-sponsored torture.
“I am confident,” he says, “that the legal reforms being implemented in Bahrain will strengthen the rule of law in that country and serve as a model for strengthening the rule of law in other countries throughout the Gulf region.”
The two-hour panel discussion will begin promptly at 9:30 a.m. in Room 3130. The panel will be moderated by Professor Lisa Casey A light reception will follow in the atrium. Panelist include: John Ratcliffe, Glen Schleyer, Professor Wulf Kaal, and Dr. William Bradford.
The one-hour key-note address will then take place at 12:30 p.m. in the Patrick F. McCartan Courtroom. A light reception will follow in the atrium.
The Program on Law and Human Development presented its inaugural Annual Lecture Monday March 19 at 5:15 p.m. in the Patrick F. McCartan Courtroom. This year’s guest speaker was T. Alexander Aleinikoff, a distinguished scholar of immigration and refugee law, former dean of Georgetown Law School, and currently the United Nations Deputy High Commissioner for Refugees.
Professor O. Carter Snead will deliver a lecture at Vanderbilt University Law School March 13 on scientists’ use of neuroimaging research as a basis for transforming capital sentencing.
An NDLS American Association of Justice (AAJ) Trial Team was victorious at the AAJ Student Trial Advocacy Regional Competition held in Louisville, Ky., March 1-4. The team will now go on to compete in the AAJ Student Trial Advocacy National Competition held in Las Vegas and sponsored by the American Association for Justice. The Regional Champion team was comprised of John Burke, Nicole Cabezas, Mauri Miller and Brian Salvi. The Regional Runner-up team was comprised of Liz Farrington, Charles Galvin, Lauren Quigley and Jihan Williams.
The Notre Dame Intellectual Property Law Society presented a symposium on March 2.
The program featured opening remarks by Dean Nell Jessup Newton and presentations on “Clean Tech Intellectual Property” by Eric Lane of McKenna, Long, & Aldridge; “The Rise of Contingent Fee Representation in Patent Litigation” by Professor David Schwartz of Chicago-Kent College of Law; “Post-Grant Review at the USPTO” by Barry Irwin of Kirkland & Ellis; and a panel discussion moderated by Prof. Jodi Clifford on “The Leahy-Smith America Invents Act in Practice.”
The Hon. Emilio M. Garza (U.S. Court of Appeals for the Fifth Circuit), the Hon. Raymond M. Kethledge (U.S. Court of Appeals for the Sixth Circuit), and the Hon. Martha A. Vazquez (U.S. District Court of New Mexico) will preside over the 62nd Annual NDLS Moot Court Showcase at 4 p.m. March 1 in the Patrick F. McCartan Courtroom.
The case, Tuckerman v. Betterly Hills County School District and Bliss, presents two questions:
(1) What standard should the Court apply when deciding whether a school district has the authority to discipline students for internet speech?
(2) May a court issue an adverse inference for spoliation of evidence where the spoliating party acted negligently and without any bad faith?
More information about the case, the advocates, and the judges is available here.
Professor James Kelly and South Bend Mayor Pete Buttigieg will co-chair a task force that will create more options to combat the problem of vacant and abandoned properties that are hurting city neighborhoods.
The Law School’s Sean O’Brien joined a panel discussion February 23 on the Snite Museum of Art Exhibit DIGNITY and its implications for international human rights. Three other panelists representing a cross-section of Notre Dame’s international institutes and centers also shared their perspectives on the University’s current and potential role in supporting international human rights.
Notre Dame’s BLSA Mock Trial Team were crowned regional champions February 18 and now will be advancing to the nationals in Washington, D.C.
Representing NDLS at the 2012 Thurgood Marshall Mock Trial Competition at the NBLSA annual convention in Columbus, Ohio, were 3Ls Alvin Adjei, Steven Baugh, Colin Diamond, and Topher Regan.
President Barack Obama’s proposed adjustments to the new Health and Human Services rule requiring Catholic institutions, including the University of Notre Dame, to provide health care plans covering contraception, sterilization and abortifacient drugs continue to violate religious liberty, according to O. Carter Snead, professor of law at Notre Dame.
“Today’s ‘compromise accommodation’ is nothing of the sort,” Snead said. “The original uproar across the ideological spectrum was in reaction to the administration’s requirement that virtually all religious employers cover abortion-inducing drugs, contraceptives and sterilization in violation of their strongly held beliefs."
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
3Ls Ryan Raybould and Caitlin Shetter recently competed in the Fifth Annual UC Davis Asylum and Refugee Law National Moot Court Competition. Ms. Shetter and Mr. Raybould made it to the finals and placed fifth out of 22 teams nationally, earning Notre Dame Law School a plaque and a Top 8 placement in Notre Dame’s first year participating in this moot court competition.
The team earned top marks from the judges and high praise for Notre Dame. > Read More
Professor Roger P. Alford was in New York City January 11 to accept the "CPR Award for Best Electronic Media About Alternative Dispute Resolution" at a ceremony held at the New York office of Weil Gotshal & Manges LLP.
Cribari teaches at the University of Minnesota Law School and was previously an NDLS Visiting Professor in London, where he taught a course in Law and Cultural Heritage to rave reviews. A published poet, playwright, screenwriter, and librettist, he is the Reporter for the Criminal Pattern Jury Instruction Committee of the U.S. Court of Appeals for the Tenth Circuit and a former Federal Public Defender who has twice argued before the U.S. Supreme Court. In Minnesota he teaches criminal procedure, law and archaeology, evidence, physical evidence/expert testimony, and criminal law.
In accepting the post, Professor Cribari said, “London is a rich and rare opportunity and I want to open the classroom into the cultural present as well as the cultural history of London.”
Professor James H. Seckinger has been named the recipient of the 2012 Lifetime Achievement Award for excellence in teaching advocacy by the Stetson University College of Law’s “Educating Advocates: Teaching Advocacy Skills” Conference.
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.”
Dean Nell Jessup Newton has appointed Professor Paolo Carozza as the new Director of the Law School’s Center for Civil and Human Rights. He had been serving as the Interim Director of the CCHR in his capacity as Associate Dean for International and Graduate Programs.
Margaret M. (“Peggy”) J.D. ’79, has been given a warm tribute by the quarterly journal Directors & Boards.
The special feature article called Foran, the chief governance officer and corporate secretary of Prudential Financial, “the rare individual who has earned the respect of all constituencies in the ongoing governance debates.”
The University of Notre Dame has been selected as the U.S. partner in a British Leverhulme Trust initiative to take part in an international network considering the intersection of families and the state from interdisciplinary and comparative perspectives.
Professor Margaret Brinig, the Fritz Duda Family Chair in Law, has been asked by the British participants to direct and organize the third of the project’s four workshops. In making the appointment, the Trust noted that Professor Brinig is well known for her interdisciplinary and empirical focus and for her experience in international family law organizations. The workshop will take place at Notre Dame and involve principals from the U.K. and Australia as well as a number of scholars from Notre Dame’s College of Arts and Letters and family law experts from around the U.S. to be selected by Professor Brinig.
Since joining NDLS in 2000, Bellia has become well known to students for teaching popular courses in Administrative Law, Constitutional Law, and Cyberlaw, and to colleagues for being among the faculty’s best scholars (she has published numerous articles on Internet law and separation of powers and is the co-author of a leading cyberlaw casebook).
Perhaps less well known is that she is also in her third year as the University’s Faculty Athletics Representative to the NCAA and Chair of the University’s 15-member Faculty Board on Athletics. In that role, Bellia oversees the principal advisory group to the President on educational issues related to intercollegiate athletics. She also works closely with the football, volleyball, and women’s tennis programs as each team’s faculty liaison.
To recognize her for outstanding contributions to the academic performance of Notre Dame student-athletes, athletics director Jack Swarbrick surprised Bellia with an honorary Monogram at the Notre Dame Football Awards Show December 9 in the DeBartolo Performing Arts Center.
Joining Swarbrick on stage for the presentation were Monogram Club president Dick Nussbaum (‘74, ’77), executive director Beth Hunter, Bellia’s husband, A.J., and daughters, Kate and Molly. > Read More
Professor Donald Kommers has been awarded a yearlong Emeritus Fellowship from the Andrew W. Mellon Foundation to study Germany’s postwar constitutional order.
The Emeritus Fellowships honor faculty across the United States who, after their official retirements, continue “active and productive” scholarship in the humanities and humanistic social sciences.
Professor Kommers’ project will examine the country’s constitution, called the Basic Law of the Federal Republic of Germany, within the framework of Germany’s political development from 1949 to the present. > Read the full story