The Catholic University of America Columbus School of Law
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A Conversation with Justice Brett Kavanaugh
Full text linkOn Thursday, September 26th, 2024, the Center for the Constitution and the Catholic Intellectual Tradition at The Catholic University of America hosted a conversation between Justice Brett M. Kavanaugh and Professor J. Joel Alicea. This was the inaugural event of the new Center. The conversation covered topics such as constitutional interpretation, the separation of powers, religious liberty, and the Catholic intellectual tradition. This is a transcript of the conversation, and the text appears substantially as it was delivered. The video of the event may be found at this link: https://www.youtube.com/watch?v=2sKvSwzkmqo
135th Commencement Address
No full textThe 2024 commencement speaker, Stephen M. Rasche, J.D., was honored by the University with the Presidential Medal, with Dean Payne providing an introduction of Rasche’s career as an international authority on the displacement and persecution of religious minorities, a founding member of Catholic University in Erbil, Iraq, and author of the critically acclaimed book, The Disappearing People: The Tragic Fate of Christians in the Middle East.
In his commencement address, Rasche urged the graduates to remember there are “so many paths to take [...] to leverage this one life you have, to do the one thing that we are all ultimately called to do: that is, to serve.” He then reflected on the arc of his life and career that led him from practice in international project development to Iraq in the middle of a war to help a beleaguered Archbishop build a university from nothing, figuring out how to apply the many skills he had gained from his legal training to help take care of nearly 200,000 displaced human beings. In looking back on his work to protect the lives of those impacted by war and genocide, Rasche pointed to the “many fingerprints on all this work,” noting that “I can honestly say, and say it here, in this place, that down deep in those critical years, quite in the middle of it all, are the fingerprints of a lawyer, using all of his skills, however imperfectly, praying daily to God for guidance, so that he could use those skills in service for the good.
Administrative law : cases and materials
No full textAdministrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world.https://scholarship.law.edu/fac_books/1149/thumbnail.jp
The Discipline of Rudy Giuliani and The Real Fraud of the 2020 Election
Full text linkIn Matter of Giuliani, the New York Appellate Division held that Rudy Giuliani’s knowingly false statements of fact during the period after the 2020 presidential election violated the Rules of Professional Conduct and warranted interim suspension of his license. This paper argues that the court reached the right result but did not use the best rule and the best rationale. Instead of focusing on Giuliani’s conduct as a series of false statements in support of a “narrative,” the better approach would have been to call it what it was: fraud. Although the fraud was not “transactional,” fraud, Giuliani’s false statements to state legislatures to convince them to not certify or undo the certification of presidential electors for Joe Biden was a kind of “procedural” fraud akin to fraud on a court. All of Giuliani’s false statements can be viewed as supporting that scheme. Focusing on the disciplinary rule prohibiting lawyers from engaging in conduct involving fraud would have avoided doctrinal and constitutional difficulties and better captured the real nature of the harm caused by Giuliani’s conduct. The voting fraud that Giuliani claimed others engaged in to steal the 2020 presidential election for President Biden did not happen. The fraud on state legislatures that Giuliani himself engaged in to steal the election for President Trump did happen. It is time that we recognize the real fraud of the 2020 election
Judicial Clerkship Opinion Writing Conference
No full textThe Catholic University of America Columbus School of Law (Catholic Law) hosted its fourth annual Judicial Clerkship Opinion Writing Conference from Thursday, February 22 through Saturday, February 24.
This year’s conference brought to campus thirty-six rising law clerks who in the upcoming year will serve in the chambers of either the Federal Circuit Courts, the Federal District Courts, or the State Appellate Courts. It provided these clerks opportunities for learning the particulars of judicial opinion writing and allowed them to experience the supportive and connected community at Catholic Law. This unique undertaking by the Law School serves both the bench and bar by training law students in an important skill
