NDLS student Brian Michel recently argued a Miranda violation case before the U.S. Court of Appeals for the Seventh Circuit. Brian was selected for the honor after competing for an NDLS Moot Court Board position as part of the NDLS Moot Court program. The Moot Court program, which coordinates intramural and intercollegiate competitions in its appellate, trial, and international divisions, is run by NDLS students and overseen by Legal Writing Program Director Christine Venter.
“My client had been convicted of first-degree murder under the accountability theory, and sentenced to 28 years for his role in a Chicago shooting,” Michel said.
“His argument throughout trial was that the police refused to provide him with access to counsel. On appeal, we took the position that the Illinois Appellate Court had failed to look at the totality of the circumstances surrounding my client’s confession when it refused to believe his claims that he had repeatedly requested counsel during his seventeen-hour interrogation.
“Personally, I saw my involvement in this case as the highlight of my time at Notre Dame. It was rewarding to defend my client’s basic right to an attorney, a right which is so crucial to a fair criminal justice system.”
Tea Party Activist Concerned About IRS Questions
“What the IRS is trying to do is figure out how much of their activity is about supporting or opposing candidates,” said Lloyd Hitoski Mayer, associate dean at Notre Dame Law School. “Whether that’s an appropriate question depends on whether the IRS had information that he’s connected to the group that’s applying.”
Accused 9/11 plotters to appear in Guantanamo Bay court
Los Angeles Times
“The administration claims that its military commission rules have now been improved to ensure a fair and credible trial,” Douglass Cassel, a University of Notre Dame law professor and humanitarian law expert, said this week.
Will a military trial of the 9/11 suspects be credible?
Douglass Cassel is a Notre Dame presidential fellow and professor of law at the University of Notre Dame. He has filed briefs in the U.S. Supreme Court on behalf of the rights of prisoners at the U.S. Navy base at Guantanamo Bay, Cuba, and accountability for human rights violations under the Alien Tort Claims Act.
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.
Column: Our forefathers got it right — no religious test
Professor Gerald Bradley of Notre Dame Law School flatly declares that “no federal official has ever been subjected to a formal religious test for holding office.”
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.”
Greening for God: Evangelicals Learn to Love Earth Day
It may take years before Christianity’s anti-environmentalist streak entirely disappears. Among older evangelicals, there is still a lingering suspicion toward scientists in general and mainstream environmentalists in particular. In the meantime, evangelicals are creating their own distinctive way of caring for the planet — a brand that may purposefully avoid the term “environmentalism,” says John Nagle, a Notre Dame law professor who studies environmental views within Christian circles.
The Rise of the Killer Drones: How America Goes to War in Secret
“Many of the people like Harold Koh and Marty Lederman who were criticizing Bush, and who should be criticizing targeted killings now, went into the Obama administration,” says Mary Ellen O’Connell, a law professor at Notre Dame who has known Koh for 25 years.
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.