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