O. Carter Snead

Notre Dame Law School

PO Box 780, Notre Dame, Indiana 46556

(574) 631-8259 /

Education

Georgetown University: Juris Doctor, magna cum laude, 1999

St. John’s College (Annapolis, MD): Bachelor of Arts (Philosophy and History of Science), 1996

Experience

University of Notre Dame Center for Ethics and Culture: William P. and Hazel B. White Director(July 2012 to present).

The Notre Dame Center for Ethics and Culture is dedicated to sharing the richness of the Catholic moral and intellectual tradition through research, teaching, and dialogue, at the highest level across a variety of disciplines.

University of Notre Dame Law School: Professor of Law (2011 to present); Associate Professor of Law (2005-2011).

  • Teach Bioethics & the Law, Health Law, Torts, and Constitutional Criminal Procedure.
  • University of Notre Dame Academic Council, Law School Representative (elected)(2012 to present); Executive Committee (appointed by President) (2012 to 2013; 2015 to present).
  • Chair, Academic Council Appeals Hearing Committee (2013).
  • University of Notre Dame Strategic Plan Committee for Goal 1 (Catholic Character) (2012).
  • Appointments Committee, Member (elected), 2013-15; Alternate (elected) (2011-12).
  • Admissions Committee (Chair, 2007-09, 2010-11, Member, 2011 to present).
  • University Life Fellow, Office of University Life Initiatives (2012 to 13)
  • Notre Dame Journal of Law, Ethics, and Public Policy, Faculty Advisor.
  • Client Committee, Art and Science Admissions Consultants (2009 to 2011).
  • Presidential Management Fellows Selection Committee (2007 to 2009).
  • Advanced Legal Writing Committee (2006 to 2007).
  • Serve as faculty advisor for Jus Vitae (2006 to 2008, 2009 to present).
  • Serve as faculty advisor for Law & Humanities Forum (2009 to present).
  • Ad Hoc Committee on Health Policy and Bioethics, University of Notre Dame (2008 to 2010).
  • Search Committee for the Science Director of the Mike and Josie Harper Cancer Research Institute, University of Notre Dame (2007 to 2011).
  • Advisory Group to External Review Team for the Notre Dame Center for Ethics and Culture Audit, University of Notre Dame (Spring 2008).
  • Dissertation Committee for Bryan Pilkington, Department of Philosophy, University of Notre Dame (2009 to 2012).
  • Steering Committee, Notre Dame Fund to Protect Human Life (2009 to 2012).

University of Notre Dame London Law Centre, London, UK (Terms 2 and 3, 2010): Associate Professor of Law.

  • Taught Bioethics & the Law.

University of Florence (Italy), Visiting Professor of Law (May 15, 2016-June 5, 2016).

  • Delivered inaugural Florence Lecture on Law & Justice (title: “Three Regulatory Models for Stem Cell Research”);
  • Taught module in Comparative Constitutional Justice course (theme: the U.S. Supreme Court)

Libera Università Maria SS. Assunta (LUMSA), Rome, Italy (May 7-12, 2012): Visiting Professor of Law.

  • Taught week-long mini-course in Law & Bioethics.

UNESCO International Bioethics Committee (IBC), Paris, France (2008 to 2012): Member.

  • Appointed by Director-General of UNESCO to four-year term on 36-member body of independent experts tasked with advising member states on bioethics, law, and public policy. The IBC is responsible for composing the initial drafts of all UNESCO instruments (e.g., declarations, treaties, conventions) relating to bioethics. It is the only intergovernmental bioethics committee in the world with a global mandate.

University of Alabama School of Law, Tuscaloosa, AL (January 2011): John J. Sparkman Visiting Chair in Law.

  • Taught 2-week Law & Bioethics mini-course.

Council of Europe Steering Committee on Bioethics (CDBI), Strasbourg, France (2007 to 2009): U.S. Permanent Observer.

  • Appointed (along with Dr. Edmund Pellegrino, Chairman of the President’s Council on Bioethics) to observe and comment upon CDBI’s efforts to elaborate international instruments and standards for the ethical governance of science and medicine.

University of Milan, Milan, Italy (April 2007): Visiting Professor of Law.

  • Taught week-long Law & Bioethics mini-course.

U.S. Delegation to UNESCO, Paris, France (2004 to 2005): Delegation Leader and Chief Negotiator.

  • Led U.S. team in multilateral negotiationof “Universal Declaration on Bioethics and Human Rights” (adopted in October 2005). Worked closely with White House, U.S. ambassador to UNESCO and several administrative agencies to formulate and promote U.S. positions.

The President’s Council on Bioethics, Washington, DC (2002 to 2005): General Counsel.

  • Advised Chairman (Dr. Leon R. Kass) and members of White House advisory commission on the legal and public policy dimensions of ethical questions arising from advances in biomedical science and biotechnology. Principal drafter of April 2004 Council Report Reproduction and Responsibility: The Regulation of New Biotechnologies – a comprehensive critical assessment of the governance (public and private) of activities at the intersection of assisted reproduction, human genetics, and embryo research. Liaison between the Council and key Executive Branch officials; members of Congress and their staffs; top officials at various administrative agencies; elected officials and representatives of foreign governments; and various intergovernmental and nongovernmental organizations. Provided advice in matters relating to genetic screening and engineering, neuroscience, assisted reproduction, embryo research, cloning, stem cell research, enhancement, end of life matters, and research involving human subjects.

The Catholic University of America Columbus School of Law, Washington, DC (2002 to 2005): Adjunct Professor of Law.

  • Taught Law & Bioethics and Criminal Procedure I and II.

Ropes & Gray, Washington, DC (2002): Associate.

  • Specialized in criminal defense and appellate litigation.

Wilmer, Cutler and Pickering, Washington, DC (2000 to 2002): Associate.

  • Practiced in General Litigation section.

United States Court of Appeals for the Tenth Circuit, Judge Paul J. Kelly, Jr., Santa Fe, NM (1999 to 2000): Judicial Clerk.

Publications

Books and Book Chapters:

Public Bioethics and The Problem of Persons (manuscript-in-progress)

Classics of Catholic Culture: An Edited Anthology with Commentaries (edited with Alasdair MacIntyre)(in progress)

Technology and the American Constitution in Eloise Scotford, Karen Yeung, and Roger Brownsword, eds., The Oxford University Press Handbook on The Law and Regulation of Technology (with Stephanie Maloney)(Oxford University Press)(in press).

The Problem of Conscience in Spirituality and Religion within the Culture of Medicine: From Evidence to Practice(with Michael Moreland)(Oxford University Press) (in press).

The Complexity of Catholicism: Politics and Public Bioethics, in Jason T. Eberl, et al., eds., Catholic Perspectives on Bioethics (with Michael Fragoso) (Springer) (in press).

Catholicism and Abortion, in Alireza Bagheri, ed., Religious and Nonreligious Perspectives on Abortion(with Laura Wolk) (University of Notre Dame Press)(in press).

Autonomy and Individual Responsibility, in Henk ten Have & Berd Gordijn, eds.,Compendium of Global Bioethics (with Kelli Mulder-Westrate) (Springer 2014).

Human Dignity in U.S. Law, in The Cambridge University Press Handbook on Human Dignity (Roger Brownsword, ed.) (Cambridge University Press 2014) (peer reviewed).

Human Dignity in American Public Bioethics in Human Dignity in Bioethics: From Worldviews to the Public Square (Stephen C. Dilley & Nathan J. Palpant, eds.) (Routledge 2013) (invited contribution) (peer reviewed).

Cognitive Neuroscience and the Future of Punishment, in Constitution 3.0: Freedom and Technological Change, pp. 130-155 (Jeffrey Rosen & Benjamin Wittes, eds.) (Brookings Press 2011) (invited contribution) (peer reviewed).

Articles and Essays:

Memory and Punishment, 64Vanderbilt Law Review 1195-1264 (2011).

Science, Public Bioethics, and the Problem of Integration, 43 University of California, Davis Law Review 1529-1604 (2010), cited in Sherley v. Sebelius, 644 F.3d 388 (D.C. Cir. 2011).

Response to Nicholas Boyle’s “God, Sex, and America: The Decline of the Common Morality,” 3 Journal of Law, Philosophy, and Culture 273-276 (2009) (peer reviewed symposium issue).

Public Bioethics and the Bush Presidency, 32 Harvard Journal of Law & Public Policy 867-913 (2009).

Unenumerated Rights and the Limits of Analogy: A Critique of the Right to Medical Self-Defense, 121 Harvard Law Review Forum 1-12 (2007) (invited response to Eugene Volokh,Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, 120 Harvard Law Review 813 (2007)).

Neuroimaging and the “Complexity” of Capital Punishment 82 New York University Law Review 1265-1339 (2007).

The (Surprising) Truth about Schiavo: A Defeat for the Cause of Autonomy 22 Constitutional Commentary 383-404 (2005) (peer reviewed).

The Patentability of Human Embryos in the U.S. and E.U.: A Comparative Perspective__ Quaderni Costituzionali __ (with Professor Lorenza Violini, University of Milan) (in progress)

The Law and Policy of Embryo Research in America, Human Reproduction and Genetic Ethics (Equinox 2011)(peer reviewed UK journal).

The Limits of Federal Funding for Embryo Research in America: A Recent Conflict, __ Quaderni Costituzionali __ (in draft)

Persone incapaci e decisioni di fine vita (con uno sguardo oltreoceano)(Incapacitated Persons and End of Life Decisionmaking (with an Across-the-Ocean View)), 1 Quaderni Costituzionali 7-34 (2010) (with Andrea Simoncini) (peer reviewed).

Il finanziamento delle ricerche sulle cellule staminali in Europa e negli USA (A Comparative Analysis of E.U. and U.S. Funding Policies for Embryonic Stem Cell Research: Details, Aims, and Effects), 4 Quaderni Costituzionali 834-838 (2006) (translated from English to Italian by Prof. Stefania Ninatti) (invited submission) (peer reviewed).

The Pedagogical Significance of the Bush Stem Cell Policy: A Window into the Nature of Bioethical Regulation in the U.S., 5 Yale Journal of Health Policy, Law & Ethics 491-504 (2005) (peer reviewed) (invited submission) (reprinted in Judith F. Daar, Reproductive Technologies and the Law (Lexis 2012)).

Dynamic Complementarity: Terri’s Law and Separation of Powers Principles in the End-of-Life Context, 57 Florida Law Review 53-89 (2005).

Preparing the Groundwork for a Responsible Debate on Stem Cell Research and Cloning, 39 New England Law Review 479-488 (2005) (keynote address for symposium).

Federal Criminal Conspiracy, 35 American Criminal Law Review 739 (1998) (co-author).

Bioetica Pubblica e Incommensurabilita, Atlantide, Anno VIII, Numero 26, 2/2012 (peer reviewed).

Bioethics and Self-Governance: The Lessons of the Universal Declaration on Bioethics and Human Rights, Journal of Medicine and Philosophy, 34: 204-222 (2009)(invited contribution to symposium issue) (peer reviewed).

A Review of Helena Silverstein’s How Courts Fail Pregnant Minors (NYU Press 2007), 123 Political Science Quarterly 343-345(Summer 2008) (invited book review) (peer reviewed).

Neuroimaging and Capital Punishment, 19 The New Atlantis: A Journal of Technology and Society 35 (2008)

Neuroimaging, Entrapment, and the Predisposition to Crime, 7 American Journal of Bioethics 60-61(2007) (invited Peer Commentary) (peer reviewed).

Assessing UNESCO’s Universal Declaration on Bioethics and Human Rights, 7 National Catholic Bioethics Quarterly 53-71 (Spring 2007) (invited essay) (peer reviewed).

Technology and the Constitution, 5 The New Atlantis: A Journal of Technology and Society 61-69 (Spring 2004) (invited essay).

On the Patentability of Genetic Resources (white paper prepared at the request of the Diplomatic Corps of the Holy See) (with Joseph Ganahl) (July 2013).

U.S. Foreign Aid and Bioethics, Federalist Society New Federal Initiatives Project, April 23, 2009 (invited white paper)

Embryonic Stem Cell Research,Federalist Society New Federal Initiatives Project, May 19, 2010 (invited white paper)

Selected Commentary:

The Legacy of a Pro-Life Giant, Columbia Magazine ( January 1, 2017.

Tim Kaine Chose Power Over Ethics, CNN Opinion ( July 28, 2016.

For SCOTUS, a New Era of Judicial Interference (Commentary on Whole Woman’s Health v. Hellerstedt), CNN Opinion ( June 28, 2016.

Planned Parenthood Will Forego Payment for Fetal Tissue: So Now It’s Ok Because It’s Free?, Fox News Opinion ( October 13, 2015.

It’s Time to Defund Planned Parenthood, FoxNews Opinion ( July 21, 2015.

Here Come the Irish: Notre Dame Marches for Life, Public Discourse, January 26, 2015 (invited essay)

RFRA Post-Hobby Lobby: What Now?, SCOTUSblog, (Supreme Court of the United States Blog), July 3, 2014 ( (invited essay in online academic symposium).

Cline vs. Oklahoma Coalition for Reproductive Justice: Once More unto the Breach, SCOTUSblog (Supreme Court of the United States Blog), September 16, 2013 ( (invited essay in online academic symposium).

The Constitutionality of the Texas Fetal Pain Bill (SB1), Public Discourse, July 9, 2013 (invited essay).

Una Costituzione Bioetica?, Il Sole 24 Ore, January 13, 2013.

Religious Liberty and the Obama Administration,First Things, March 2012 (invited essay).

Op-Ed, Planned Parenthood’s Hostages, Wall Street Journal, February 6, 2012 (with Robert P. George).

Conscience, Coercion, and Healthcare, Public Discourse, September 26, 2011 (with Helen Alvare and Gerard V. Bradley) (invited essay).

Protect the Weak and Vulnerable: The Primacy of the Life Issue, Public Discourse, August 22, 2011 (invited essay).

Op-Ed, Respect for Ethics Enabled Stem Cell Coup, Chicago Tribune, Monday, December 3, 2007, 22 (on new technique for derivation of non-embryonic pluripotent cells).

Op-Ed, Bush Sticks to Principles, Limits Government’s Role, Indianapolis Star, July 24, 2006 (on the veto of a bill seeking to modify the federal funding policy for embryonic stem cell research).

Funded Scholarship

$70,000from University of Notre Dame Adult Stem Cell Initiative,2010. Theological, Scientific, Philosophical, Ethical, and Legal Aspects of Alternative Stem Cell Research (Co-Principal Investigators, Phil Sloan (Notre Dame Program of Liberal Studies and Department of History and Philosophy of Science) and Carter Snead (Notre Dame Law School)).

Invited Project Contributor, The Brookings InstitutionFuture of the Constitution Program

(Principal Investigators, Prof. Jeffrey Rosen, The George Washington University School of Law and

Benjamin Wittes, The Brookings Institution. Other invited contributors include Lawrence Lessig (Harvard Law School), Jack Goldsmith (Harvard Law School), Tim Wu (Columbia Law School), Jamie Boyle (Duke Law School), Stephen Morse (University of Pennsylvania Law School), Robert P. George (Princeton University), Chris Slobogin (Vanderbilt University), John Robertson (University of Texas), and Orin Kerr (George Washington University School of Law)) (funded by The Brookings Institution, 2009 to present).

Legislative Testimony

·Texas Senate Committee on Health and Human Services, Regarding the Constitutionality of SB1, SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS POST-FERTILIZATION (July 8, 2013)

·Texas House State Affairs Committee, Regarding the Constitutionality of HB2, SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS POST-FERTILIZATION (July 2, 2013)

·U.S. House Committee on Government Reform, Subcommittee on Crime, Drug Policy, and Human Resources (May 17, 2006).

Hearing: RU-486: The Regulatory Options.

Professional Activities and Affiliations

·Member, Pontifical Academy for Life (2015 to present)

·Series Editor, Catholic Ideas for a Secular World; and Notre Dame Studies in Medical Ethics, University of Notre Dame Press.

·Fellow, University of Notre Dame Reilly Center for Science, Technology, and Values (2012 to present).

·Faculty Fellow, Notre Dame Research Program on Law and Market Behavior (ND LAMB).

·Steering Committee, Notre Dame Center for Stem Cell Research and Regenerative Medicine.

·Editorial Board, American Journal of Jurisprudence (Oxford University Press) (2012 to present).

·Editorial Board, Journal of Medicine and Philosophy (Oxford University Press) (2015 to present).

·Editorial Board, Christian Bioethics (Oxford University Press) (2015 to present).

·Co-Founder and Steering Committee Member, University of Notre Dame Initiative on Adult Stem Cell Research and Ethics (2009-present).

·Faculty Affiliate, Notre Dame Center for Civil and Human Rights (2014 to present).

·Member, UNESCO’s Global Ethics Observatory Legal Peer Review Working Group (tasked with assessing domestic and international laws relating to bioethics) (2006 to present).

·Faculty, Hertog Political Studies Program, Washington, DC (July 2011 to 2012)

Course: Law, Public Policy, and Bioethics

·Faculty, University of Notre Dame Vita Institute (June 2011 to present)

·Member, The Witherspoon Council on Ethics and Integrity of Science (2010 to present)

·Associate Research Fellow, Anscombe Bioethics Centre (formerly known as Linacre Centre for Healthcare Ethics) (Oxford, England) (2010 to present).

·Grant Proposal Reviewer, Austrian Science Fund (the Austrian government’s central funding agency for basic research) (2010 to present).

·Fellow, Ethics and Public Policy Center (Washington, DC) (2006 to present).

·Fellow, Academy of Fellows, Center for Bioethics and Human Dignity (2010 to present).

·Chair, Stem Cell Research/Bioethics Working Group, Federalist Society New Federal Initiatives Project (2009 to present).

·Executive Committee, Federalist Society Religious Liberty Working Group (2005 to present).

·Board of Directors, Americans United for Life (2014 to present).

·Executive Board, Fellowship of Catholic Scholars (2009 to 2012).

·Member, The Neuhaus Colloquium (2009 to present).

·Member, Witherspoon Institute Task Force on Conscience Protection (2009 to present).

·Listed in UNESCO’s “Global Ethics Observatory,” a worldwide directory of experts in science, technology, medical, and environmental ethics.

Invited Lectures, Addresses, and Colloquia (Selected)

·Invited Speaker, “Ethics of CRISPR Technology,” closed interdisciplinary symposium, University of California Berkeley (June 17-19, 2017).

·Invited Speaker, “Editorial Aspirations: Human Integrity at the Frontiers of Biology,” Program on Science, Technology and Society, Harvard University (April 26-28, 2017).

·Invited Speaker, Regis University (Denver, CO), October 20, 2016. Title: “Defending the Least Among Us: The Prudential Case Against Legalizing Assisted Suicide.”

·Hesburgh Lecturer, Notre Dame Club of Denver (October 19, 2016). Topic: “The Ethics, Law, and Policy of Embryo Research and Human Cloning.”

·Plenary Speaker, Rimini Meeting of Friendship Among Peoples, Rimini, Italy (August 26, 2016)(with Dr. Mary O’Callghan, ND Center for Ethics and Culture, and Jean Vanier, Founder of L’Arche). Title: “Law as a Tool of Misericordia for the Disabled.”

·Speaker and Organizer, “Disability and the Face of Mercy Conference,” co-sponsored with the Pontifical Council for the New Evangelization (Vatican City, June 5-6, 2016). Title: “Can the Law be an Instrument of Misericordia?”

·Inaugural Lecture, Florence Lectures on Law & Justice, University of Florence (Italy), May 2016. Title: “Three Regulatory Models for Stem Cell Research: The Complexity of Public Bioethics in America.”

·Keynote Speaker, Annual Conference of American Academy of FertilityCare Practitioners, University of Notre Dame (July 27, 2016). Title: “Assisted Reproduction and Moral Anthropology.”

·Featured Speaker,Conference on Intellectual Tasks of the New Evangelization: Religion and Science, sponsored by the U.S. Conference of Catholic Bishops Committee on Doctrine. Title: “The Explanatory Limits of Modern Science.” Washington, DC (March 11, 2016).

·Plenary Speaker, “Public Bioethics and the Problem of Persons,” at University of Notre Dame Annual Edith Stein Conference (February 6, 2016).

·Featured Presenter, “Science, Public Bioethics, and the Problem of Integration,” Doctoral Workshop at the University of Milan Doctoral Program in Public, International, and European Law. Chaired by Prof. Lorenza Violini (University of Milan), responses by Prof. Federico Pizzetti (University of Milan) and Dr. Giada Ragone (Ca’ Foscari University). Milan, Italy (January 15, 2016).

·Panelist, Rethinking Capital Punishment in the 21st Century: A Roundtable Discussion (also featuring Bishop Kevin Rhoades; Dr. Earl Kumfer; and Judge Wendy Davis) sponsored by the College of St. Francis (Fort Wayne, IN), November 10, 2015.