tag:news.nd.edu,2005:/news/authors/michael-o-garvey-carol-jambor-smith tag:news.nd.edu,2005:/latest 91Թ | 91Թ | News 2007-01-15T19:00:00-05:00 91Թ gathers and disseminates information that enhances understanding of the University’s academic and research mission and its accomplishments as a Catholic institute of higher learning. tag:news.nd.edu,2005:News/8584 2007-01-15T19:00:00-05:00 2021-09-03T20:53:52-04:00 2006 Law School graduate named Skadden Fellow skadden-release.gif

Dory Mitros Durham, a 2006 graduate of the91ԹLawSchool, has been named a 2007 Skadden Fellow by the Skadden Fellowship Foundation.

Durhamis a judicial clerk for Judge Kenneth Ripple of the United States Court of Appeals for the Seventh Circuit, who also is a professor of law at 91Թ.She intends to use the fellowship to direct an immigrantscivil rights initiative at Indiana Legal Services inSouth Bend.The initiative will address the growing problems of immigrant exploitation and discrimination within theSouth Bendcommunity, with a particular focus on families, schools, workplaces and public agencies.The project also will provide direct representation to immigrants, enforcing a broad spectrum of legal rights.

Durhams inspiration for the initiative came from her work in the 91Թ Legal Aid Clinic, where she observed that many of her former clients continued to face unlawful barriers to full participation in community life, despite having successfully and often painfully struggled to obtain legal status in theUnited States.

The Skadden Fellowship Foundation was established in 1988 to commemorate the 40th anniversary of the Skadden, Arps, Slate, Meagher&Flom LLP and Affiliates law firm.The foundation, described asa legal Peace Corpsby The Los Angeles Times, provides funding for graduating law students who wish to devote their professional lives to providing legal services to the poor, the elderly, the homeless and the disabled, as well as those deprived of their civil or human rights.

91Թ president emeritus, Rev. Theodore M. Hesburgh, C.S.C., was a member of the original 12-member board of trustees who selected the fellows in 1988.

* Contact: * _Carol Jambor-Smith at 574-631-6891 or cjambors@nd.edu
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tag:news.nd.edu,2005:News/8504 2006-11-05T19:00:00-05:00 2021-09-03T20:58:10-04:00 ND Law School journal to host discussion on elderly care long-term-care-release.jpg

A panel discussion onLong-Term Care forAmericas Elderly: Who is Responsible and How Will It be Achieved?will be held at5 p.m.Thursday (Nov. 9)in theEckVisitorsCenterauditorium at the University of 91Թ.

The discussion, sponsored by the91ԹLawSchools Journal of Law, Ethics&Public Policy, is free and open to the public and will include an audience question-and-answer session.

Thomas L. Shaffer, 91Թ professor emeritus of law, will serve as moderator of the discussion.The panelists will be Lawrence Frolik, professor of law at the University of Pittsburgh School of Law, speaking onThe Ethical Basis for Subsidized, Mandatory Long-Term Care Insurance; Richard Kaplan, professor of law at the University of Illinois School of Law, speaking onWho Should Pay for Long-Term Care?; Stephen Moses, president of the Center for Long-Term Care Reform Inc., speaking onThe Brave New World of Long-Term Care; and Peggie Smith, professor of law at the University of Iowa School of Law, speaking onAging in the 21st Century: Caring for Formal and Informal Caregivers.

* Contact: * _Carol Jambor-Smith, director of external relations for the91ԹLawSchoolat 574-631-6891 or cjambors@nd.edu _

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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/8447 2006-10-05T20:00:00-04:00 2021-09-03T20:58:07-04:00 91Թ Law Professor Gurulé continues international talks on terrorism funding jimmy-gurule-release.jpg

91Թ Law School Professor Jimmy Gurulé will give talks to academics, international financiers and law enforcement officials in India on U.S. efforts to prevent the funding of international terrorism.

The talks, sponsored by the U.S. State Department and scheduled for Oct.6 to Oct.21 in Pune, Mumbai,Delhi, andCalcutta, continue a series of similar presentations made by Gurulé last year in cities throughoutEuropeandSouth America.During hisIndiatour, he will meet with members of the Institute for Defense Studies and Analysis, officials of the Central Economic Intelligence Bureau and U.S. Ambassador to India David Mulford.He also will meet with the director and faculty ofIndias National Institute of Bank Management, faculty at the Indira School of Management Studies, and to students and faculty of theGopaldasAdvaniLawCollege.

A member of theLawSchoolfaculty since 1989, Gurulé is an expert in complex criminal litigation, anti-money laundering, criminal and scientific evidence, organized crime, and international criminal law.He has twice taken leaves of absence from the University to work for theUnited Statesgovernment.From 2001 to 2003, he served as the treasury departments undersecretary for enforcement.From 1990 to 1992, he was assistant attorney general in the justice departments Office of Justice Programs.

* Contact: * _Carol Jambor-Smith, director of external relations for the91ԹLawSchool, at 574-631-6891 or cjambors@nd.edu
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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/8415 2006-09-17T20:00:00-04:00 2021-09-03T20:58:06-04:00 Law School panel to discuss Supreme Court decision on Guantanamo prisoners guantanamo-release.jpg

Three 91Թ legal scholars will discuss the recent Supreme Court decision, Hamdan v. Rumsfeld, at5 p.m.Thursday (Sept. 21) in Room 121 of the91ԹLawSchool.

Patricia Bellia, Lilly Endowment Associate Professor of Law; Jimmy Gurulé, professor of law; and Mary Ellen OConnell, Robin and Marion Short Professor of Law will discuss the implications of the June 29 Supreme Court ruling which rejected the Bush administrations argument that Al Qaeda suspects wereunlawful combatantsnot entitled to the protections extended by the Geneva Convention and the Uniform Code of Military Justice.

The decision concerns the case of Salim Ahmed Hamdan, a citizen ofYemenwho served as a driver for Osama bin Laden before being captured during the invasion ofAfghanistanand detained by theUnited Statesat the Guantanamo Bay Naval Base inCuba.

The Hamdan ruling could affect the status of other detainees atGuantanamoand other facilities and could have profound implications for future assertions of executive power.

The discussion, which is co-sponsored by the91ԹLawSchools Federalist Society, American Constitution Society, International Human Rights Society, International Law Society, and the Center for Civil and Human Rights, is free and open to the public.

* Contact: * _Carol Jambor-Smith, director of external relations for the91ԹLawSchoolat574-631-6891 or cjambors@nd.edu
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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/8127 2006-03-08T19:00:00-05:00 2021-09-03T20:57:51-04:00 Law school faculty help Indiana solicitor general prepare Supreme Court argument on domestic violence SupremeCourt_release.jpg

Five91ԹLawSchoolfaculty members took part Wednesday (March 8) in a practice, or moot court session with Indiana Solicitor General Thomas M. Fisher, who is preparing to present the states argument before the United States Supreme Court on March 20 in a case involving the balance between law enforcement needs in domestic violence cases and the constitutional right of defendants to confront their accusers.

The session, in which the law faculty played the role of judges, was held in theLawSchools courtroom yesterday (March 8).The professors—-AmyBarrett, G. Robert Blakey, Richard Garnett, Jimmy Gurulé and O. Carter Sneadall have expertise in litigation and oral arguments that Fisher said would be useful in his preparations.

The case, Hershel Hammon vs. State ofIndiana, arises from aMiamiCountydomestic violence prosecution.Fisher believes it is significant not only for future domestic violence cases but also for child and sexual abuse prosecutions in which victims may be unwilling to testify at trial.

A ruling by the Supreme Court should help clarify the issue of crime-scene statements made to police responding to an emergency dispatch, and whether or not these comments can be submitted during a trial,Fisher said.This information can be critical to state prosecutions where victims refuse to testify because they depend emotionally or financially on the defendant, or fear retaliation.

At the same time, however, the Sixth Amendment to the Constitution protects defendants’ rights to cross-examine and confront witnesses against them.

* Contact: * _Richard Garnett at 574-631-6981 or Garnett.4@nd.edu
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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/8015 2006-01-29T19:00:00-05:00 2021-09-03T20:57:47-04:00 Legal scholars and theologians to discuss Bible and Constitution bible_flag_release.jpg

University of 91Թ law and theology faculty members will take part in a panel discussion onInterpreting the Bible and the Constitution: Similarities and Differencesat 4 p.m. Thursday (Feb. 2) in Room 121 of the91ԹLawSchool.

Discussion moderator Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology, said that the event should be of broad interest in light of issues arising from the recent Senate confirmation hearings for Supreme Court candidate Judge Samuel Alito.

Panelists for the discussion include G. Robert Blakey, William and Dorothy ONeill Professor of Law; Rev. Brian E. Daley, S.J., Catherine Huisking Professor of Theology;

Cyril J. ORegan, also a Catherine F. Huisking Professor of Theology, and Jay Tidmarsh, professor of law.

* Contact: * _Cathleen Kaveny at 574-631-7844 or m.cathleen.kaveny.1@nd.edu _

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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/7872 2005-10-30T19:00:00-05:00 2021-09-03T20:57:37-04:00 Law School’s Nagle and Garnett praise Supreme Court nominee alito_samuel_release.jpg

Two members of the91ԹLawSchoolfaculty who know and have argued cases before Judge Samuel A. Alito Jr., have high praise for the appeals court judge nominated by President Bush for the Supreme Court.

According to John Nagle, John N. Matthews Professor of Law, Alitois a terrific nominee.He has a distinguished record working on constitutional issues in the Justice Department, then serving as the head federal prosecutor inNew Jersey, and for the past 15 years he has developed a reputation as one of the most thoughtful judges in the nation.

We had a number of mutual friends from the Justice Department,Nagle said,so I got to know Judge Alito while I was teaching at Seton Hall just a few blocks away from his courthouse inNew Jersey.He is very gracious, easygoing, and personable.He is also a brilliant legal thinker, but neither in personal conversation nor in his judicial opinions do you get the sense that he is trying to impress people with how smart he is.Nor do you get the sense that he is pursuing a particular agenda.

Actually, I argued a case before Judge Alito before I had the opportunity to meet him,Nagle said,and I still hold him in high regard even though I lost.He ruled that the Postal Service had to obey Pennsylanias water pollution laws in the course of the building of a new postal distribution facility.The legal questions in the case were quite difficult, but Judge Alitos opinion was well reasoned, and it is telling that he came out on the side of the health of theChesapeake Bayand the states ability to protect its own environment.

Richard Garnett, Lilly Endowment Associate Professor of Law, whoargued a case in front of Alito in 1998, praised the judge asan outstanding nomineewhowill be a first-rate justice.He has more judicial experience than any nominee to the court in decades, and a long, distinguished, and diverse record of public service to the law and to the constitution."

Garnett recalled that "my first oral argument, as a newly minted law firm associate, was before Judge Alito in a religious-freedom case.He must have been able to tell that I was inexperienced and nervous, and he was patient and encouraging.

“It is widely known that Judge Alito is not only a careful, engaged and intelligent jurist, but also a decent and respectful judge on the bench,” Garnett said.

While acknowledging that some senators and interest groups would react negatively to the nomination, he insisted that “Judge Alito’s qualifications, record and temperament are impeccable.There is no serious argument that he is not eminently qualified to serve.”

Nagle may be reached at 574-631-9407 or Nagle.8@nd.edu .Garnett may be reached at 574- 631-6981 or Garnett.4@nd.edu .

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Michael O. Garvey and Carol Jambor-Smith
tag:news.nd.edu,2005:News/7630 2005-05-30T20:00:00-04:00 2021-09-03T20:57:29-04:00 Law school professor named deputy counsel to Bush kelley_release.jpg

William K. Kelley, associate professor of law at91ԹLawSchool, has been appointed deputy counsel to President Bush.

A member of the 91Թ faculty since 1995, Kelley specializes in administrative and constitutional law and will be on leave during his service to the president. He is the second91ԹLawSchoolprofessor to serve this president, following Jimmy Gurulé, who was undersecretary for enforcement in the Department of Treasury from 2001 to 2003.

Kelley clerked from 1987 to 1988 for Judge Kenneth W. Starr on the U.S. Court of Appeals for theDistrict of Columbiaand then for Chief Justice Warren E. Burger and Associate Justice Antonin Scalia on the Supreme Court during the 1988-89 term. From 1991 to 1994, he served as assistant to the solicitor general in the Department of Justice.

A 1984 graduate ofMarquetteUniversity, Kelley was graduated in 1987 fromHarvardLawSchool, where he served as Supreme Court editor of the Harvard Law Review. He is a member of Phi Beta Kappa.

Kelley spent the 2004 spring semester as a visiting scholar at the University of 91Թ-Australia College of Law.

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Michael O. Garvey and Carol Jambor-Smith