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Professors Bertrall Ross and Micah Schwartzman ’05 of the University of Virginia School of Law have become members of the American Law Institute. The ALI announced its elections Friday.

There are now 34 members of the UVA Law faculty currently affiliated with the institute, which produces scholarly work meant to update or otherwise improve the law. The organization includes judges, lawyers and law professors from the US and around the world who are “selected on the basis of professional achievement and demonstrated interest in improving the law,” according to the institute’s website.

Ross, who joined the faculty in 2021, is the Justice Thurgood Marshall Distinguished Professor of Law. He teaches and writes in the areas of constitutional law, constitutional theory, election law, administrative law and statutory interpretation.

Ross’ research is driven by a concern about democratic responsiveness and accountability, as well as the inclusion of marginalized communities in administrative and

News

The American Law Institute Launches Restatement of the Law, Constitutional Torts

PHILADELPHIA — The American Law Institute’s Council voted today to approve the launch of the Restatement of the Law, Constitutional Torts. The project will be led by Reporters John C. Jeffries, Jr. of University of Virginia School of Law and Pamela S. Karlan of Stanford Law School.

The project will examine the law of 42 USC 1983, which provides an individual the right to sue state government employees and others acting “under color of state law” in the federal court for violations of federal law. Actions under 1983 are the dominant vehicle for securing money damages for federal rights, especially constitutional rights. The project also will cover Bivens^[1] actions, the analogous cause of action for violations by a federal officer. Among other topics, the Restatement will cover governmental immunities from suit, local government liability for official policy

“People often say history repeats itself, but we allow history to repeat,” Commissioner Nury Turkel said in his conversation with Stephanie Barclay, a professor at the Notre Dame Law School, this Monday. In the talk, Turkel detailed the ongoing genocide against the Uyghur people in China.

Turkel, who was born in a Chinese “re-education” camp, is the first US educated Uyghur-American lawyer. He was appointed commissioner of the US Commission on International Religious Freedom in May 2020 by Speaker of the House Nancy Pelosi. He also recently published a book — “No Escape: The True Story of China’s Genocide of the Uyghurs.”

Turkel began his remarks by describing the situation of the Uyghur people, who are a Muslim ethnic group native to the Xinjiang region in China.

“The Chinese government has locked up anywhere between 2 to 3 million Uyghurs in industrial secure concentration camps that the world has not

The Decline of Natural Law:
How American Lawyers Once Used Natural Law and Why They Stopped

by stuart banner

oxford university press, 264 pages, $49.95

Dending on one’s perspective, natural law is either a dead letter or a pivotal issue. No contemporary lawyer or judge would cite natural law in a courtroom or judicial opinion. Few philosophers or theologians, on the other hand, would discuss moral law without highlighting natural law. That division has not always been so. Stuart Banner has done us a great service by charting the rise and fall of natural law in American jurisprudence alongside accompanying historical and cultural developments.

His thesis is simple: At the time of the American founding, natural law was an integral part of our social and legal culture and was regularly used by American lawyers, judges, and law professors through the mid-to late 1800s. After that time,

Commentary

As voting in the midterm elections gets underway, crime and safety are the key issues. In cities across the country, the nightly news has endless scenes of store lootings, carjackings, and random attacks on innocents without consequences for the offenders.

Chicago stands out as a prime example in the current wave of lawlessness. Chicago Police Department (CPD) reports show murders in the first nine months of 2022 are up by 32 percent and all crimes are up by 22 percent since 2019. However, these numbers understate the actual number of crimes because, presumably, so many go unreported. Chicago’s police reports list only the most serious crime in any instance. Federal requirements will soon force the city to list all crimes.

In an emergency when seconds count, police recordings show that 911 calls often take two hours or more for police to respond. By that time, the damage is often

Today, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (EO) directing the steps that the United States will take to implement the US commitments under the European Union-US Data Privacy Framework (EU-US DPF) announced by President Biden and European Commission President von der Leyen in March of 2022.

Transatlantic data flows are critical to enabling the $7.1 trillion EU-US economic relationship. The EU-US DPF will restore an important legal basis for transatlantic data flows by addressing concerns that the Court of Justice of the European Union raised in striking down the prior EU-US Privacy Shield framework as a valid data transfer mechanism under EU law.

The Executive Order bolsters an already rigorous array of privacy and civil liberties safeguards for US signals intelligence activities. It also creates an independent and binding mechanism enabling individuals in qualifying states and regional economic integration organizations, as

Sometimes I think of March 2, 2016, the day of the Supreme Court oral argument in Whole Woman’s Health v. Hellerstedtas the last truly great day for women and the legal system in America.

There are, to be sure, many such glorious moments to choose from, both before and after the election of President Donald Trump, but as a professional Court watcher, I had a front-row seat to this story, one that offered a sense that women in the United States had achieved some milestones that would never be reversed. Whole Woman’s Health represented the first time in American history that a historic abortion case was being heard by a Supreme Court with three female justices. Twenty-four years earlier, when the last momentous abortion case—Planned Parenthood v. Casey—had come before the Supreme Court, only one woman, Sandra Day O’Connor, sat on the bench. Go back a bit

The Notre Dame Law School Moot Court Board started off the academic year strong with victories at the International Moot Court Competition in Law and Religion, hosted by the International Consortium for Law and Religion Studies. The competition took place at Córdoba Law School in Córdoba, Spain, on September 16 and 17, and served as the kickoff event to the 6th ICLARS Conference, which centered on the theme “Human Dignity, Law, and Religious Diversity: Designing the Future of Inter-Cultural Societies.”

The participating Moot Court Board members included Matt Delfino, Shannon Moore, Leo O’Malley, Michael Snyder, and Taylor Wewers. Oralists were split into two teams: Delfino and O’Malley argued a case as though it were before the United States Supreme Court, while Snyder and Wewers argued a case in front of the European Court of Human Rights. Moore served as a brief writer, while the Moot Court Board faculty advisor, Professor

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-US Data Privacy Framework (Framework), a replacement for the defunct EU-US Privacy Shield (Privacy Shield).

The next stage in the process is for the European Commission (EC), with input from the European Data Protection Board (EDPB), to assess the Order and Regulations issued by the Attorney General (Regulations) and determine whether they form a sufficient basis for issuing an adequate decision. This process is likely to take several months, during which time businesses must continue to rely on alternative data transfer mechanisms.

Background

The General Data Protection Regulation (GDPR) restricts how companies may transfer personal data outside the European Union (EU). The EC can adopt adequacy decisions in relation to particular countries, international organizations, or sectors if it considers that they provide

WASHINGTON, Oct 10 (Reuters) – The US Supreme Court is set to hear arguments on Tuesday in an industry challenge to the constitutionality of a California animal welfare law in a case that could undermine the power of states to regulate a range of issues within their own borders.

The National Pork Producers Council and the American Farm Bureau Federation are appealing a lower court’s decision to throw out their lawsuit seeking to invalidate a 2018 ballot initiative passed by voters barring sales in California of pork, veal and eggs from animals whose confinement failed to meet minimum space requirements.

The pork industry has defended the size of the cages used at pig farms as humane and necessary for animal safety. Animal rights groups have said some pork producers confine mother pigs in cages