Liberals’ threats to Supreme Court over ObamaCare are a bad (and dumb) idea
By Richard W. Garnett Professor of Law and Associate Dean at the University of Notre Dame School of Law.
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Liberals’ threats to Supreme Court over ObamaCare are a bad (and dumb) idea
Major television news outlets have interviewed Professor Richard W. Garnett and Professor Carter Snead about the University of Notre Dame’s lawsuit challenging an HHS mandate on religious liberty grounds.
Professor Snead appeared on CNN. Professor Garnett appeared on MSNBC, where he was interviewed by Thomas Roberts, on the Fox News Channel’s “On the Record with Greta Van Sustern,” and on the Geraldo Rivera Show on Talk Radio 790 KABC.
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.
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.”
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
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)
“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 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.
“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
IRS Battling Tea Party Groups Over Tax-Exempt Status (Quotes: Lloyd Mayer) – The Huffington Post, March 2, 2012
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…
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.
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
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