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Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau

Journal Articles

In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term global migration to encompass a number of related issues that are often collapsed under the term immigration. In nations that have constructed their identities around waves of settlers or migrants -- places like the United States, Canada, Australia, and New Zealand -- immigration involves the formal reception of foreigners into the host country as potential new citizens. This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration,and …

Corporate Misconduct And The Perfect Storm Of Shareholder Litigation, Jessica Erickson

Notre Dame Law Review

When it comes to combating corporate misconduct, is more litigation necessarily better? The conventional wisdom is that we should deploy every weapon in the law's arsenal to combat corporate misconduct: This wisdom, however, reflects legal scholarship that is confined to analyzing securities class actions and derivative suits in isolation, with little inquiry into the interplay between them. By failing to take a broader view of shareholder litigation, legal scholars have missed an opportunity to provide courts with the conceptual tools necessary to meet the complex challenges of complex corporate litigation. In courtrooms and boardrooms across the country, a debate is …

Why Protect Private Arms Possesion - Nine Theories Of The Second Amendment, Michael Steven Green

Notre Dame Law Review

No abstract provided.

The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, John B. Kirkwood, Robert Lande

Notre Dame Law Review

This article defines the relevant economic concepts, summarizes the legislative histories, analyzes recent case law in more depth than any prior article, and explores the most likely bases for current popular support of the antitrust laws. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that deprives them of the benefits of competition. When conduct presents a conflict between protecting consumers and improving the efficiency of the economy (e.g., a merger that raises prices but reduces costs), no court in recent years has chosen …

The Foundations Of The American Common Market, Norman R. Williams

Notre Dame Law Review

The United States Constitution commits the United States to a common market system, yet, unfortunately, the nature and scope of the American common market have been incompletely — and, at times, inconsistently — described by the U.S. Supreme Court. This Article provides an original, theoretical account of the Court's commitment to national economic union. As I argue, the central constitutional commitment is one of deliberative equality — that is, states and localities may regulate or tax interstate commerce if and only if the government gives equal regard to similarly situated in-state and out-of-state interests burdened by the regulation or tax. …

Climate Change Confusion And The Supreme Court: The Misguided Regulation Of Greenhouse Gas Emissions Under The Clean Air Act, Jason Scott Johnston

Notre Dame Law Review

No abstract provided.

What Is The Erie Doctrine - (And What Does It Mean For The Contemporary Politics Of Judicial Federalism), Adam N. Steinman

Notre Dame Law Review

As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen as more favorable to corporate and business interests than many of their state-court brethren. The current situation is due in no small part to federal courts' comparatively pro-defendant approaches to summary judgment, class certification, and other procedural issues. The Court's decision in Bell Atlantic Corp. v. Twombly, which tilts federal pleading standards in favor of defendants, will likely have similar federalism implications. This Article presents a straightforward argument that the Erie doctrine may require federal courts to follow state-law standards on summary judgment, …

The Root Of All Evil: Expanding Criminal Liability For Providing Material Support To Terror, James J. Ward

Notre Dame Law Review

No abstract provided.

Opting Out Of The Internet In The United States And The European Union: Copyright, Safe Harbors, And International Law, Hannibal Travis

Notre Dame Law Review

No abstract provided.

Red Mass Invitation 2008, Notre Dame Law School

The Red Mass

Most Rev. John M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass Committee request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students and civil government officials at the Basilica of the Sacred Heart on Sunday, October 12, 2008 at 10 AM.

The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.

Red Mass 2008, Notre Dame Law School

The Red Mass

The Red Mass

October 12, 2008

Basilica of the Sacred Heart

University of Notre Dame

Notre Dame, Indiana

Notre Dame Lawyer - Fall 2008, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.

Irish Law 2008, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2011, Welcome as a potential student to Notre Dame Law School! I am thrilled to be among the first to receive you into our family. I know that this is an exciting time for you and that, if you are anything like I was just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. I hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. I also hope that …

Bulletin Of The University Of Notre Dame The Law School 2008–09, Volume 104, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Notre Dame Law Review

No abstract provided.

Doctrine Formulation And Distrust, Toby J. Heytens

Notre Dame Law Review

Legal scholars exhaustively debate the substantive wisdom of Supreme Court decisions and the appropriate methods for interpreting legal texts but rarely consider the more pragmatic need to craft rules that will be faithfully implemented by the lower court judges who have the last word in the overwhelming majority of cases. Political scientists, in contrast, invest tremendous effort seeking to determine whether lower courts “comply” with Supreme Court directives, but find themselves unable to explain why their own studies generally find high levels of compliance. This Article argues that part of the answer lies in the Court's ability to craft legal …

Not So Fast - Scrutinizing The Gun Jumping Provisions Of The Securities Act Under The Commercial Speech Doctrine, Edward T. Highberger

Notre Dame Law Review

No abstract provided.

Fulfilling The Promise Of Brown - What Parents Involved Means For Louisville And The Future Of Race In Public Education, Meaghan Hines

Notre Dame Law Review

No abstract provided.

Giving Hipaa Enforcement Room To Grow: Why There Should Not (Yet) Be A Private Cause Of Action, Jack Brill

Notre Dame Law Review

No abstract provided.

The Original Meaning Of An Omission: The Tenth Amendment, Popular Sovereignty, And Expressly Delegated Power, Kurt T. Lash

Notre Dame Law Review

No abstract provided.

The Elephant In The Classroom: A Proposed Framework For Applying Viewpoint Neutrality To Student Speech In The Secondary School Setting, Alexis Zouhary

Notre Dame Law Review

No abstract provided.

Rules Of Weight, Charles L. Barzun

Notre Dame Law Review

A central assumption of modern evidence law is that its rules are rules of admissibility only. That is, they tell judges whether or not a given piece of evidence may be viewed by the factfinder, but they do not purport to tell the finder of fact how to evaluate the evidence once admitted. One can imagine, however, a system of rules that helps factfinders weigh evidence by instructing them, for instance, that the law considers a class of evidence (say, hearsay) to be of “low weight.” In fact, such rules — rules of weight — are an old idea with …

Professor Anthony J. Bellia, Jr., Diploma Ceremony Address, Anthony J. Bellia

Commencement Programs

An Excerpt From

“Reflect a Great Light”

Notre Dame Law School Diploma Ceremony Address Anthony J. Bellia, Jr., Teacher of the Year May 18, 2008

Read the entire speech here.

163rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

163rd Commencement and Mass Program

Saturday, May 17, 2008

Constitutional Compromise And The Supremacy Clause, Bradford R. Clark

Notre Dame Law Review

No abstract provided.

Vetogates, Chevron, Preemption, William N. Eskridge

Notre Dame Law Review

No abstract provided.

Lessons From A Nondelegation Canon, John F. Manning

Notre Dame Law Review

No abstract provided.

The Perils Of Theory, Peter L. Strauss

Notre Dame Law Review

No abstract provided.

The Separation Of Powers As A Safeguard Of Nationalism, Carlos Manuel Vazquez

Notre Dame Law Review

No abstract provided.

Preemption And Federal Common Law, Ernest A. Young

Notre Dame Law Review

No abstract provided.