President Barack Obama’s proposed adjustments to the new Health and Human Services rule requiring Catholic institutions, including the University of Notre Dame, to provide health care plans covering contraception, sterilization and abortifacient drugs continue to violate religious liberty, according to O. Carter Snead, professor of law at Notre Dame.
“Today’s ‘compromise accommodation’ is nothing of the sort,” Snead said. “The original uproar across the ideological spectrum was in reaction to the administration’s requirement that virtually all religious employers cover abortion-inducing drugs, contraceptives and sterilization in violation of their strongly held beliefs."
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
3Ls Ryan Raybould and Caitlin Shetter recently competed in the Fifth Annual UC Davis Asylum and Refugee Law National Moot Court Competition. Ms. Shetter and Mr. Raybould made it to the finals and placed fifth out of 22 teams nationally, earning Notre Dame Law School a plaque and a Top 8 placement in Notre Dame’s first year participating in this moot court competition.
The team earned top marks from the judges and high praise for Notre Dame. > Read More
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
Romney Tax Returns Show $7 Million in Donations Over 2 Years
It isn’t unusual for high earners like the Romneys to funnel money into charitable foundations that they control, said Lloyd Mayer, an associate dean at the University of Notre Dame Law School.
By Mark P. McKenna
Slate.com, January 20, 2012
Professor Roger P. Alford was in New York City January 11 to accept the "CPR Award for Best Electronic Media About Alternative Dispute Resolution" at a ceremony held at the New York office of Weil Gotshal & Manges LLP.
Cribari teaches at the University of Minnesota Law School and was previously an NDLS Visiting Professor in London, where he taught a course in Law and Cultural Heritage to rave reviews. A published poet, playwright, screenwriter, and librettist, he is the Reporter for the Criminal Pattern Jury Instruction Committee of the U.S. Court of Appeals for the Tenth Circuit and a former Federal Public Defender who has twice argued before the U.S. Supreme Court. In Minnesota he teaches criminal procedure, law and archaeology, evidence, physical evidence/expert testimony, and criminal law.
In accepting the post, Professor Cribari said, “London is a rich and rare opportunity and I want to open the classroom into the cultural present as well as the cultural history of London.”
Professor James H. Seckinger has been named the recipient of the 2012 Lifetime Achievement Award for excellence in teaching advocacy by the Stetson University College of Law’s “Educating Advocates: Teaching Advocacy Skills” Conference.
Professor Richard W. Garnett’s USA Today column analyzing the Supreme Court’s landmark church-state decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC was picked up by the Associated Press and subsequently reported by numerous news outlets, including the Christian Science Monitor, CNN, the Los Angeles Times, The New York Times, Salt Lake Tribune, U.S. News & World Report, and the Washington Post. Professor Garnett’s amicus brief in support of the church in this case can be accessed here.
A Mississippi judge has temporarily blocked 21 of more than 200 executive pardons given this week by outgoing Gov. Haley Barbour (R-Miss.) during his final days in office, and University of Notre Dame Professor of Law Jimmy Gurulé counts himself among many who are outraged that Barbour allowed murderers to be released.
“The fact that Gov. Barbour would pardon one convicted murderer absent extenuating circumstances is deeply disturbing,” says Gurulé, who, in his 23 years at Notre Dame, has taken two major leaves to serve as assistant U.S. Attorney General and Undersecretary of the U.S. Treasury Department for Enforcement. “Pardoning four convicted murderers is shocking, insulting to the surviving family members of the murder victims, and demonstrates a callous disregard for our criminal justice system and the rule of law. In my opinion, Gov. Barbour’s actions are indefensible.”
Dean Nell Jessup Newton has appointed Professor Paolo Carozza as the new Director of the Law School’s Center for Civil and Human Rights. He had been serving as the Interim Director of the CCHR in his capacity as Associate Dean for International and Graduate Programs.
Margaret M. (“Peggy”) J.D. ’79, has been given a warm tribute by the quarterly journal Directors & Boards.
The special feature article called Foran, the chief governance officer and corporate secretary of Prudential Financial, “the rare individual who has earned the respect of all constituencies in the ongoing governance debates.”
The University of Notre Dame has been selected as the U.S. partner in a British Leverhulme Trust initiative to take part in an international network considering the intersection of families and the state from interdisciplinary and comparative perspectives.
Professor Margaret Brinig, the Fritz Duda Family Chair in Law, has been asked by the British participants to direct and organize the third of the project’s four workshops. In making the appointment, the Trust noted that Professor Brinig is well known for her interdisciplinary and empirical focus and for her experience in international family law organizations. The workshop will take place at Notre Dame and involve principals from the U.K. and Australia as well as a number of scholars from Notre Dame’s College of Arts and Letters and family law experts from around the U.S. to be selected by Professor Brinig.
Since joining NDLS in 2000, Bellia has become well known to students for teaching popular courses in Administrative Law, Constitutional Law, and Cyberlaw, and to colleagues for being among the faculty’s best scholars (she has published numerous articles on Internet law and separation of powers and is the co-author of a leading cyberlaw casebook).
Perhaps less well known is that she is also in her third year as the University’s Faculty Athletics Representative to the NCAA and Chair of the University’s 15-member Faculty Board on Athletics. In that role, Bellia oversees the principal advisory group to the President on educational issues related to intercollegiate athletics. She also works closely with the football, volleyball, and women’s tennis programs as each team’s faculty liaison.
To recognize her for outstanding contributions to the academic performance of Notre Dame student-athletes, athletics director Jack Swarbrick surprised Bellia with an honorary Monogram at the Notre Dame Football Awards Show December 9 in the DeBartolo Performing Arts Center.
Joining Swarbrick on stage for the presentation were Monogram Club president Dick Nussbaum (‘74, ’77), executive director Beth Hunter, Bellia’s husband, A.J., and daughters, Kate and Molly. > Read More