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
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
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.
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)
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.
“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 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.
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.”
“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
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.