News » Archives » March 2012

April 3 Natural Law Lecture to Feature University College London Professor Tasioulas

john_tasioulas_natural_law_lecture_2012_web 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. Read More

Court of Appeals Comes to NDLS to Hear Arguments in Murder Case

courtappealsposter_hr_329_story The Court of Appeals of Indiana will hear oral arguments in Lawson v. State on Monday, April 2, at 3:30 p.m. in the Patrick F. McCartan Courtroom.

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. Read More

Ninth Circuit Judge Carlos T. Bea Wins Graciela Olivarez Award

carlos_bea 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. Read More

Program on Constitutional Structure Presents Lecture by Professor Finnis

finnisposter_hr_323 Professor John Finnis will lecture on “Structural Restraints: Low Level Waste, Civics Lessons, or Something More?” at 4 p.m. March 29 in Eck Hall Room 1140.

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. Read More

Wall Street Journal quotes Professor McKenna on the Eleventh Circuit trademark infringement case, University of Alabama v. New Life Art Inc. and Moore

Mark McKenna newsCLC 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 Read More

London: Go for the Summer, Stay for the Olympics

bennett news cribari_news 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. Read More

Professor O’Connell Speaks on Drone Warfare

Mary Ellen Oconnell news 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. Read More

Scholars Gather for Constitutional Structure Roundtable at NDLS

The second annual roundtable conference of the NDLS Program on Constitutional Structure took place March 23.

mason-mcaward news 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. Read More

Professor Gurulé Travels To Bahrain to Support Pretrial Detention Reforms

gurule_bahrain1 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.

gurule_bahrain2 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.” Read More

Prof. Mayer quoted in the news on political expenditures for corporations

mayer news “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 Read More

John Ashcroft to deliver keynote for Journal of Law, Ethics and Public Policy Symposium

jlepp_ph_version_poster Former Attorney General John Ashcroft will deliver the keynote address at the annual Symposium hosted by the Law School’s Journal of Law, Ethics and Public Policy March 26.

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. Read More

Program for Law and Human Development Presents Lecture by UN Deputy High Commissioner for Refugees

aleinikoff_news 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. Read More

2L AAJ Trial Team is Las Vegas Bound for National Competition

ajj_team_story 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. Read More

Intellectual Property Law Symposium on Emerging Issues in IP

emerging_issues_in_intellectual_property_symposium_web 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.” Read More

62nd Moot Court Showcase

showcase2012_group_story 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. Read More