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Guilty Pleas, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Lawyers, Mediation, And The Management Of Divorce Practice, Craig A. Mcewen, Lynn Mather, Richard J. Maiman

Journal Articles

Despite a widespread assumption that divorce mediation and divorce lawyers are incompatible, lawyers do play active-if largely unexamined-roles in many mediation programs. This article reports on the work of lawyers in a state with mandatory mediation. We find that lawyers in Maine have generally embraced mediation because it helps them manage problems inherent in divorce practice. Mandated divorce mediation facilitates both settlement negotiation and trial preparation, permits client participation in decisionmaking without requiring lawyers to surrender control, provides a forum for resolving both legal and nonlegal issues, and promotes efficient case management.

The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.

Beyond Informed Consent, Anthony H. Szczygiel

Journal Articles

No abstract provided.

A Proposal For Procedural Limitations On Hiring Permanent Striker Replacements: "A Far, Far Better Thing" Than The Workplace Fairness Act, William Corbett

Journal Articles

Since the Supreme Court's decision in NLRB v. Mackay Radio & Telegraph Co. in 1938, employers have been permitted to hire permanent replacements for striking employees. The hiring of permanent replacements deprives employees engaged in an economic strike of their right to immediate reinstatement to their jobs at the conclusion of the strike. Although, under the substantive law, the "Mackay doctrine" applies to economic strikes but not unfair labor practice strikes, in practice employers permanently replace employees engaged in both types of strikes. This is possible because the unfair labor practice proceedings, which determine the type of strike, occur long …

Mr. Justice Blackmun: Reflections From The Cours Mirabeau, Paul R. Baier

Journal Articles

No abstract provided.

Life On A Federal Island In The Civilian Sea, William E. Crawford

Journal Articles

No abstract provided.

A Market Solution To Green Marketing: Some Lessons From The Economics Of Information, John M. Church

Journal Articles

No abstract provided.

Tribute To Judge Irving L. Goldberg: The Consummate Humanist, Diane P. Wood

Journal Articles

No abstract provided.

A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly

Journal Articles

This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …

What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford

Journal Articles

My comments in this paper focus on the papers in thus Symposium by Professors Barry Adler, James Bowers, and Philippe Aghion, Oliver Hart, and John Moore. I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take an …

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Journal Articles

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …

Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

Concepts Of Rights: Introduction, David M. Engel

Journal Articles

No abstract provided.

Dynastic Realms And Secular States: Introduction, David M. Engel

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No abstract provided.

Growing Up Good In Maycomb, Thomas L. Shaffer

Journal Articles

"I am the sum total of those who preceded me," Elie Wiesel wrote recently, "and so are you. Am I responsible for what all of them have done before I came into this world? No. But I am responsible for what I am doing with the memory of what they have done."

Jean Louise Finch (Scout), her brother Jeremy, their summer friend Dill, who comes to them from Meridian, Mississippi, and their school friends from the town and the farms around Maycomb grew up in memory and learned, or failed to learn, and accepted, or refused to accept, responsibility for …

Pilgrim Law, Robert E. Rodes

Journal Articles

A people's laws are deeply imbedded in its culture. They embody its collective moral reflection, its common understanding of the terms on which human beings are to live together, its customs, its historical experience, and its aspirations for the future. It is perhaps to be expected that Americans should enshrine their constitutional documents, build courthouses like temples, deploy their laws with ruthless practicality, and not take kindly to the suggestion that their laws are less practical than they think. Or that Italians should maintain a legal system like an old palazzo, with imposing staircases you can lose you. breath climbing, …

Response To Hittinger, Gerard V. Bradley

Journal Articles

No abstract provided.

Response To Hittnger, Gerard V. Bradley

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No abstract provided.

Sexual Freedom And Your Right To Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

Like so many other privacy issues, concern over sexual freedom took on more than intellectual overtones with the advent of greater public discussion. As courts and government appeared to enter the most private domain of all, the bedroom, the public's interest in privacy issues dealing with sexual freedom increased dramatically. This bibliography should serve as a valuable tool for researchers who have an interest in this highly controversial area of social concern.

The Church And The Law, Thomas L. Shaffer

Journal Articles

The image I want to use to talk about the church in the state, from a Christian lawyer's point of view, is in two of the novels of the late theological storyteller Walker Percy. We Percy readers first saw the image in Love in the Ruins. Percy's sub-title for that novel was "The Adventures of a Bad Catholic at a Time Near the End of the World." His setting is the not-too-distant future in North America. Social climate and civil discourse are even worse than they are now. Percy's central figure, Dr. Thomas More, the bad Catholic, and a few …

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Journal Articles

Spouse abuse is no longer a secret. It has become a thorn in America's conscience. Abuse even warranted a lengthy Supreme Court discussion in an opinion on abortion. It is certainly worth thinking about whether anything systemic caused the apparent outbreak of violence in the home. If there is a legal "fix" that would remove incentives to abuse, and therefore reduce the incidence of abuse at the margin, we should know about it.

It is the thesis of this article that increased abuse and other undesirable behavior is a natural consequence of the fact that in some states the marriage …

Coming Into Being: Law, Ethics, And The Practice Of Prenatal Genetic Screening, Michael J. Malinowski

Journal Articles

No abstract provided.

Celebrating The 125th Anniversary Of The Notre Dame Law School, Anthony J. Bellia

Journal Articles

This year marks the Notre Dame Law School's 125th year of continuous operation. This issue of the Notre Dame Law Review is our contribution to the anniversary celebration.

We asked a few of the Law School's many distinguished graduates to contribute their reflections on legal education at Notre Dame. They are Robert Michael Greene, Class of 1969; Peter T. King, Class of 1968; Patrick McCartan, Class of 1959; and Hon. Martha Vazquez, Class of 1978. We are grateful as well to Hon. Paul V. Niemeyer, Class of 1966, who prepared an essay for the issue.

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.

The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George

Journal Articles

The theory of practical reasoning and morality proposed by Germain Grisez, and developed by him in frequent collaboration with John Finnis and Joseph Boyle, is the most formidable presentation of natural law theory in this century. Although work by Finnis and others has brought this "new natural law theory" (NNLT) to the attention of secular philosophers, the theory is of particular interest to Catholic moralists. This is because NNLT provides resources for a fresh defense of traditional moral norms, including those forbidding abortion, euthanasia, and other forms of "direct" killing, as well as sexual immoralities such as fornication, sodomy, and …

The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

The issue of whether or not an individual has the right to choose when he or she will die, is a very controversial one for many reasons. Further complicating the issue is the question of who, if anyone, has the right to decide for those who are unable to choose for themselves. The bibliography which follows includes articles which discuss this topic from a right to privacy perspective, and should prove useful to those researchers who are new to the subject, as well as to those who are already familiar with the many complex issues involved.

Law, Morality, And "Sexual Orientation", John M. Finnis

Journal Articles

During the past thirty years there has emerged in Europe a standard form of legal regulation of sexual conduct. This standard form or scheme, which I shall call the "standard modem [European] position," is accepted by the European Court of Human Rights and the European Commission of Human Rights (the two supra-national judicial and quasijudicial institutions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), to which almost all European states are party, whether or not they are also party to the European [Economic] Community now known as the European Union). The standard modem European …

" Louisea, A New Genus Of Fresh-Water Crab Globonautes Macropus Edeaensis Bott, 1969 From Cameroon" , Neil Cumberlidge

Journal Articles

No abstract provided.