Justices Gorsuch and Alito cite ND Law faculty in Supreme Court opinions | News | Notre Dame News | University of Notre Dame Skip To Content Skip To Navigation Skip To Search University of Notre Dame Notre Dame News Experts ND in the News Subscribe About Us Home Contact Search Menu Home › News › Justices Gorsuch and Alito cite ND Law faculty in Supreme Court opinions Justices Gorsuch and Alito cite ND Law faculty in Supreme Court opinions Published: June 28, 2019 Author: Denise Wager Scotus 2019 Three Notre Dame Law School faculty members were cited in two U.S. Supreme Court cases on Wednesday (June 26). Barry Cushman, the John P. Murphy Foundation Professor of Law, was cited by Associate Justice Samuel Alito’s opinion for the court in Tennessee Wine and Spirits Retailers Association v. Thomas. Professors Jeffrey Pojanowski and Randy Kozel were cited by Associate Justice Neil Gorsuch in a concurring opinion in Kisor v. Wilkie. Tennessee Wine and Spirits Retailers Association dealt with the constitutionality of residency requirements for retail liquor sales. In his opinion, Alito cited Cushman’s work, "Formalism and Realism in Commerce Clause Jurisprudence," to demonstrate the important role the Commerce Clause has played in the economic history of the country. The court in Kisor reconsidered the so-called Auer doctrine of administrative law, which governs administrative agencies’ interpretations of their own regulations. In his concurring opinion, Gorsuch cited Pojanowski’s work in "Revisiting Seminole Rock," which argues that Auer rests on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock, and that Seminole Rock implies a less-deferential standard of rule and Congress likely codified this less-deferential approach in legislation on judicial review of agency action. Kozel, who also serves as Notre Dame Law School’s associate dean for faculty development and directs the Program on Constitutional Structure, was also cited by Gorsuch. He cited Kozel’s article, "Statutory Interpretation, Administrative Deference, and the Law of Stare Decisis," which discusses the precedential effect of judicial decisions that set out wide-ranging principles of interpretation for future cases. Originally published by Denise Wager at law.nd.edu on June 28. Posted In: Faculty and Staff Home Experts ND in the News Subscribe About Us Related October 04, 2022 NIH awards $4 million grant to psychologists researching suicide prevention September 09, 2022 Karrie Koesel to testify before Congressional-Executive Commission on China August 18, 2022 Two faculty win NEH grants to research history of red hair, philosophy of revelation August 16, 2022 NSF names Center for Computer-Assisted Synthesis a Phase II Center for Chemical Innovation August 15, 2022 Notre Dame President Rev. John I. Jenkins, C.S.C., on Russian atrocities against clergy in Ukraine For the Media Contact Office of Public Affairs and Communications Notre Dame News 500 Grace Hall Notre Dame, IN 46556 USA Facebook Twitter Instagram YouTube Pinterest © 2022 University of Notre Dame Search Mobile App News Events Visit Accessibility Facebook Twitter Instagram YouTube LinkedIn