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Municipal Abortion Bans: When Local Control Clashes with State Power
No full textAnti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.
This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will provide an overview of relevant municipal law, emphasizing the power of different kinds of municipalities to regulate issues addressed in the abortion ordinances this article will consider. Part II will examine several different types of ordinances some municipalities have adopted in the wake of the Dobbs decision and their likely legality in the settings in which they were passed. Part III will draw several conclusions about the legal ability of municipalities to adopt ordinances that alter the availability of abortion within their jurisdictions or the prosecution of its provision in comparison with relevant state law
Conversation with Pete Bevacqua
No full textMonday, November 11, 2024 | 12:30 PM | Eck Hall of Law, Room 1130
SCELF is hosting a conversation with Notre Dame\u27s Athletic Director Pete Bevacqua. Eck 1130 @ 12:30PM. Lunch served.
Sponsor: Sports, Communication, and Entertainment Law Forumhttps://scholarship.law.nd.edu/ndls_posters/1953/thumbnail.jp
Hon. Daniel A. Manion, 1942–2024
No full textThe Honorable Daniel A. Manion ‘64, long-time supporter of both the University of Notre Dame and Notre Dame Law School and former Circuit Judge, died on August 31, 2024, at the age of 82.
Judge Manion was born in South Bend and attended Culver Military Academy. After high school he attended the University of Notre Dame, where he earned his Bachelor’s degree in 1964. While at Notre Dame, he was a three-time Bengal Bouts champion and participant in the ROTC program. Judge Manion was also the recipient of the John C. Cavanaugh award, which, at the time, honored a student for their leadership and service in the Notre Dame ROTC program. Upon graduation, he was commissioned in the U.S. Army. He served as an officer and was deployed to Vietnam.
After completion of his service, Judge Manion was appointed as the Director of Industrial Development for the Indiana Department of Commerce and, while in this role, attended night classes to earn his J.D. from Indiana University School of Law at Indianapolis (now Indiana University Robert H. McKinney School of Law). He later worked for the Indiana Attorney General’s Office and served as a state senator. After being diagnosed with multiple sclerosis, he shifted his focus to private practice.
In 1986, President Ronald Reagan nominated Manion to the United States Court of Appeals for the Seventh Circuit. Amid contentious Senate Judiciary hearings fueled by partisan divide, Father Ted Hesburgh wrote a strong endorsement letter, calling Manion “family.” After a second vote, he was appointed with a tie-breaking vote cast by Vice President George H. W. Bush. He served as an active and senior status judge until his retirement in 2022.
Over the course of his career, Judge Manion served as a mentor to about 70 law clerks. Among these are the Honorable Michael Brennan, Notre Dame alumnus and judge on the U.S. Court of Appeals for the Seventh Circuit Court and Patrick Urda, Notre Dame alumnus and judge on the U. S. Tax Court. Judge Manion considered his clerks his greatest professional legacy.
The Honorable Kenneth F. Ripple said of Judge Manion, “The judge loved his work, but he also loved his colleagues. He made a special effort to know them well and to understand their perspectives on the law. Judicial work is intimate work; it requires that judges get into each other’s head. And Dan Manion took the time to know and understand his colleagues.”
Judge Ripple said there was always a special place in Judge Manion’s heart for the men and women who served as his law clerks, including many Notre Dame Law School graduates. “No Manion clerk ever completed his or her time at the Court without coming to a profound appreciation that a life in the law is a special vocation, not simply a job. Today, those law clerks serve the Country and the profession in many capacities and carry on the Judge’s legacy,” he said.
Elizabeth Kirk, J.D. ‘96, who clerked for Judge Manion from 2000-2002, said, “He expected from us the same hard work and intellectual rigor that he demanded of himself. But he also made clear, through his own example and through his advice and support, that the highest priorities were one’s duties to God and family. He was eminently kind, warm, practical, quick-witted, and humorous. He never ceased to be concerned for his clerks’ professional successes and personal happiness, and he took great pride in the community and camaraderie of the ‘Manion Law Clerks.”
Judge Manion was deeply committed to his Catholic faith and to his family. He married his wife, Ann, in 1984 and they had four children. They have also been devout supporters of the Women’s Care Center in South Bend, inspired by their passion to help mothers and babies in their community. Ann has served for many years as the volunteer president of the organization and has been instrumental in its growth and success.
Judge Manion’s family had long-standing connections to Notre Dame Law School. His father, Clarence Manion, was a professor at Notre Dame Law School and served as the Law School’s dean from 1941-1952. His father-in-law, Ed Murphy, was also a long-time faculty member of the Law School and taught Contracts. The Law School’s Murphy Fellowship is named in his honor.
Judge Manion is survived by his wife Ann (Murphy), his four children Mary Messner (Tom), Katherine Kelly (Joe), Patrick, Michael (Madelyn), and six grandchildren.
Notre Dame Law School extends its gratitude to Judge Manion for his dedication and service to the University of Notre Dame, Notre Dame Law School, and to the country.
Previously published Oct. 17, 2024, Notre Dame Law School.
Read Manion\u27s Life Story courtesy of the South Bend Tribune.https://scholarship.law.nd.edu/memorials/1007/thumbnail.jp
The Bankruptcy Roadmap for Dealing with Valuable Data AssetsDick
No full textIn the market for valuable data assets, it seems that participants have cracked the code for how to monetize data from bankrupt companies. In fact, they have created a playbook that allows them to largely avoid regulatory and judicial scrutiny while also reducing attention generally to these valuable assets. To ensure that bankruptcy law and practice continues to advance the important goals of fairness and efficiency, it is time for courts to demand full and robust disclosure of data assets. With meaningful disclosure, bankruptcy courts will be able to provide a forum for determining—as efficiently as possible—the value of these assets and the best opportunities that presently exist for monetizing them in ways that do not run afoul of evolving privacy laws, best practices, and consumer expectations
New Complaint Filed in N.D.Tex. Challenges Mifepristone Regulation
No full textThe States of Missouri, Kansas, and Idaho have sued the FDA challenging the regulatory framework for Mifepristone. The suit is filed in the United States District Court for the Northern District of Texas Amarillo Division
On-Campus Blood Drive
No full textOur community turned up today to participate in an on-campus blood drive for New York Blood Center
October 9, 2024https://digitalcommons.nyls.edu/photos_other_events/1001/thumbnail.jp