IRS Battling Tea Party Groups Over Tax-Exempt Status (Quotes: Lloyd Mayer) – The Huffington Post, March 2, 2012
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.
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…
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.
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.
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
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