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Bulletin Of Information, University Of Notre Dame, Law School 1984–1985, Volume 79, Number 2, University Of Notre Dame

Bulletins of Information

Notre Dame Law School

4 Notre Dame Law School

5 Foreign Law Study

7 Joint Degree Programs

7 Requirements for Admission and Graduation

9 Fees and Expenses

10 Financial Aid Program

The Law Program

14 Student Activities

16 Curriculum

16 Course Descriptions

Appendix

26 Officers of Administration

26 The Law School Faculty

27 London Faculty

27 Practice Court Judges

28 Faculty Profiles

33 Endowed Chairs

33 The Thomas J. White Chair in Law

33 The John N. Matthews Chair in Law

33 The Concannon Program of International Law

33 The Institute for Public Policy

34 The Thomas and Alberta White …

What Now For The Insanity Defense?, Fernand N. Dutile, Thomas H. Singer

Journal Articles

The jury's verdict of acquittal by reason of insanity in the case of President Reagan's attempted assassination has stirred vivid debate, both in and out of the U.S. Congress and other public bodies. This article will briefly discuss the history of the insanity defense in the United States, the current status of that defense, and some major problems remaining in its use.

138th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

138th University of Notre Dame Commencement and Mass Program

Preface, Thomas L. Shaffer

Journal Articles

Several years ago, when I lived in Indiana, I got a grant to write a book about lawyers. The newspaper ran a story about it; the paper said I was to study the morals of lawyers. A friend of mine sent me a clipping of the story with a note that said, "It won't take long." My friend held the common Hoosier view that lawyers have no morals. A frontier story tells of the Indiana lawyer who died and whose body was laid out in a room and left for the night. When morning came, there was nothing left in …

Greatness Thrust Upon Them: Class Biases In American Law, Robert E. Rodes

Journal Articles

A common view of our present society is that it is largely egalitarian and classless. This paper proposes that this conception of an egalitarian and classless society belies reality. It argues that there is a dominant class of leaders in government, labor, and business who are characterized by their organizational skills and their technical expertise, and who have more in common with one another that they have with the respective constituencies in whose name they exercise power. It further argues that this class, in effect, is able to wield power to control the structure of society and the legal system …

The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis

Journal Articles

Arguing that the United Kingdom retained constitutioanl duties to Australia following that country's independence.

Afterword: Contracts And Uncertainty, Walter F. Pratt

Journal Articles

This symposium reveals an unexpected irony: The very innovations designed to deal with one type of uncertainty-economic-have themselves produced another type of uncertainty-that associated with resolving disputes. This new uncertainty sounds a discordant note in the traditional refrain that contracts are legal devices for allocating risks between parties. As an afterword, this article draws together evidence from the symposium and from history to emphasize that contract is not the ideal device for allocating risks at the very time that allocation is most desired-when uncertainty is greatest. The lesson can be put in starker terms: Contract is a legal relationship and …

The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert Jones

Journal Articles

The reorganization petition filed by the Manville Corporation, the nation’s largest asbestos manufacturer in 1982 is an attempt by a healthy and solvent corporation to declare bankruptcy. It differs greatly from a traditional reorganization case, which involves a debtor that knows who its creditors are and how much it owes them. Manville does not know who the majority of its creditors are or the amount of its potential tort liability. It is instead using the 1978 Bankruptcy Reform Act's Chapter 11 reorganization provisions to seek shelter from a huge but speculative tort liability. In doing so Manville presents a major …

Power To Enforce Treaties In Australia -- The High Court Goes Centralist?, John M. Finnis

Journal Articles

At first glance, the decision of the High Court of Australia in Koowarta v Bjelke-Petersen profoundly affects the distribution of legislative power between the States and the Commonwealth of Australia. Perhaps that first impression should be somewhat qualified. But there seems no good reason to doubt what Wilson J (dissenting) said about its possible implications for the exercise of State legislative power.

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Journal Articles

The question I propose to address while I am with you is this: Is there a special morality for professional life? In terms of convention and argot, the answer to that question would appear to be: Yes, there is a separate morality for the professional lives of lawyers and judges. We do not follow the same morals in public and professional life as we follow in personal life.

Union Liability In Fair Representation Suits, Robert Jones

Journal Articles

In 1976 Charles V. Bowen, a United States Postal Service employee requested that his union, the American Postal Workers initiate arbitration proceedings to prevent his employer from firing him over an alleged altercation with another employee. After the union refused Bowen sued both the Service for firing him and American Postal Workers for breaching its duty of fair representation. The case reached the U.S. Supreme Court, which held that a union that fails to properly represent an employee illegally fired from his job is liable for a portion of his lost wages. The Bowen decision poses a serious threat to …

Government Enforcement Policy Of Section 7 Of The Clayton Act: Carte Blanche For Conglomerate Mergers?, Joseph P. Bauer

Journal Articles

This Article argues that the Department of Justice's recently articulated enforcement intentions with respect to conglomerate mergers are inconsistent with the case law applying section 7 of the Clayton Act to these transactions and also represent unsound policy. Part I will review the conglomerate merger jurisprudence of the past two decades - looking at the theories that have been used to challenge them, at the important judicial decisions interpreting and applying those theories, and at the Guidelines adopted by the Department of Justice in 1968 to codify these developments. It will then briefly discuss certain developments regarding conglomerate mergers the …