Law Commons^™

Introduction To The Bremer-Kovacs Collection: Historic Documents Related To The Administrative Procedure Act Of 1946 (Heinonline 2021), Emily S. Bremer, Kathryn E. Kovacs

Journal Articles

Few statutes have a legislative history as rich, varied, and sprawling as the Administrative Procedure Act of 1946 (APA). In recent years, courts and scholars have shown increased interest in understanding this history. This is no mean feat. The APA’s history spans nearly two decades, and it includes numerous failed bills, a presidential veto, and a full panoply of congressional documents. In addition, much of the most crucial documentation underlying the APA was produced outside of Congress—by the executive branch—and even outside of government—by the American Bar Association. Identifying and locating all the relevant documents is difficult. Understanding each piece …

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

From the Introduction:

On behalf of the Notre Dame Law School student body, we are thrilled to be among the first to welcome you to the NDLS Community! We know that this is an exciting time for you and – if you are anything like we were just a couple of years ago – you probably have plenty of questions about law school and Notre Dame whether it’s about academics, professors, student life, or just where to get a good dinner. That’s why we’ve prepared the Guide! This is called an Insider’s Guide because it has been written by …

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you‘ll be as eager to join us as we are to have …

The Clerks Of The Four Horsemen, Barry Cushman

Journal Articles

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Historical Development And Legal Basis, Mary O'Connell

Book Chapters

Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.

An Insider's Guide To Notre Dame Law School 2012, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Irish Law 2011: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Irish Law 2010, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Irish Law 2009, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School

About the Law School

The blessing rite for the Saint Thomas More Chapel, Eck Hall of Law, University of Notre Dame took place on August 30, 2009.

Presiding: Most Reverend John M. D'Arcy, Bishop, Fort Wayne-South Bend Diocese

Concelebrants:

• Rev. John Coughlin, O.F.M., Professor of Law and Concurrent Professor of Theology
• Rev. John Jenkins, C.S.C., President of the University of Notre Dame
• Rev. Richard Warner, C.S.C., Superior General of the Congregation of Holy Cross
• Rev. Peter Rocca, C.S.C., Rector for the Basilica of the Sacred Heart at the University of Notre Dame

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 …

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.

The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford

Journal Articles

For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …

Irish Law 2007, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2010, Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notrt;: Dame Law School. We also hope that …

University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School

About the Law School

Notre Dame Law School is like no other:

I say this from experience as an alumna, professor, and Dean. I believe that the Law School's unique character comes not only from famous campus buildings or the immediate public recognition of our name, but also from faculty and students who collectively dedicate themselves to the highest ethical and moral standards in the pursuit of justice. Thus is born "a different kind of lawyer." At Notre Dame, we strive to be a place where students and faculty who are interested in the integration of faith and reason, whether they are Catholics or …

Irish Law 2006, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2009,

Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first

to receive you into our family. We know that this is an exciting time for you and that, if you are

anything like we were 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. We hope it will answer many of

your questions and that it will provide a window into Notre Dame Law School. We also hope

that …

Irish Law 2005, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2008, Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were 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. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that …

Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman

Journal Articles

This article is a contribution to the Lochner Centennial Symposium at Boston University School of Law. Until recently, a consensus appeared to be emerging among constitutional historians concerning how best to interpret Lochner-era decisions involving Fifth and Fourteenth Amendment challenges to state and federal economic regulation. After decades during which the Court's jurisprudence had been characterized as the product of a reactionary judiciary's commitments to Social Darwinism and laissez-faire economics, more recent scholars had come to see the Court's police powers decisions as animated by what Professor Howard Gillman has called the principle of neutrality. On this view, the Court's …

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

For some two decades since I entered law school, the connection between the philosophy of the human person and law has been of comparative interest to me. My interest was stimulated in no small part by the late Pope John Paul II, who urged that canon law reflect the essential elements of what it means to be human. Comparative legal study of the canon law of the Catholic Church with the law of the liberal state has convinced me of the importance of the understanding of the human person that underpins the law. Canon law and the Catholic intellectual tradition …

Irish Law 2004, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2007, Welcome to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting and scary time for you, and if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school, Notre Dame, and South Bend. That's why we're sending you this Guide. We hope that it will give you answers to many of your questions and that it will provide a window into what Notre Dame is …

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Journal Articles

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

Final Justice, Richard W. Garnett

Journal Articles

Richard Garnett reviews Stuart Banner, The Death Penalty: An American History (2002) & Franklin E. Zimring, The Contradictions of American Capital Punishment (2003).

Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2006:

Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like.

This is an insider’s guide because it was written entirely by students. A group of volunteers have put …

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

Journal Articles

A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …

Irish Law 2002: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2005: Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like. This is an insider's guide because it was written entirely by students. A group of about fifteen of …

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Journal Articles

My name is Jim Schueller and I'm the Symposium Editor of the Law School Journal of Legislation and every two years we organize a symposium to discuss relevant issue of public policy and the topic this year is States Rights in the 21st Century.

Well, way back in the 18th century when the framers drafted the Constitution they created a unique system of governing where power was shared between the states which already existed and the newly created federal government. The framers in their day debated the proper allocation of power between these two governments and today, two hundred eleven …

Nd Law: Class Of 2002 Orientation Manual, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2002: As Associate Dean for Academic Affairs, it is my privilege to welcome all of you to Notre Dame Law School. I know you will find the next three years exciting and challenging and I am sure I speak for the entire Notre Dame community when I say that it is a pleasure to have you join us. Let me also take this opportunity to give you some information on the role of the academic dean. The Associate Dean for Academic Affairs is responsible for administering the academic program here at the …

Bulletin Of Information, University Of Notre Dame Law School 1999–2000, Volume 94, Number 5, Notre Dame Law School

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

Security Information for Notre Dame Security/Police

Nondiscriminatory Policy