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Notre Dame Law School

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1998

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Articles 1 - 30 of 51

Full-Text Articles in Law

Ndls Update 12/1998, Notre Dame Law School Dec 1998

Ndls Update 12/1998, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 11/1998, Notre Dame Law School Nov 1998

Ndls Update 11/1998, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 10/1998, Notre Dame Law School Oct 1998

Ndls Update 10/1998, Notre Dame Law School

NDLS Update

No abstract provided.


The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds Oct 1998

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Journal Articles

This article discusses the Curt Flood Act of 1998 and explores the nonstatutory labor exemption the Supreme Court has applied to professional sports leagues. It also explores the likely impact of the Curt Flood Act on the rights of players or managers to use antitrust laws effectively against one another.


Ndls Update 09/1998, Notre Dame Law School Sep 1998

Ndls Update 09/1998, Notre Dame Law School

NDLS Update

No abstract provided.


153rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Aug 1998

153rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

153rd University of Notre Dame Commencement and Mass Program

Summer


Hoynes Code, The, David T. Link Aug 1998

Hoynes Code, The, David T. Link

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.


1998–99 Bulletin Of Information Notre Dame Law School, University Of Notre Dame , Jul 1998

1998–99 Bulletin Of Information Notre Dame Law School, University Of Notre Dame ,

Bulletins of Information

Contents:

Graduate Law Programs 2

Dual-Degree Programs 3

Requirements for Graduation and Good Academic Standing 5

Tuition and Fees 6

Withdrawal Regulations 7

Curriculum 8

Law School Courses 9

Course Descriptions 11

Officers of Administration 28

Law School Faculty 29

Law School Calendar 31

Important Addresses 31

Security Information for Notre Dame Security/Police 32

Nondiscriminatory Policy 32


Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza Jul 1998

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …


The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers Jul 1998

The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers

Journal Articles

Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …


Managed Care, Assisted Suicide, And Vulnerable Populations, M. Cathleen Kaveny Jul 1998

Managed Care, Assisted Suicide, And Vulnerable Populations, M. Cathleen Kaveny

Journal Articles

While advocates of physician assisted suicide consider it a core aspect of individual autonomy legalizing the practice is extremely dangerous and puts the most vulnerable members of our society at risk. Legalized physician assisted suicide takes away the autonomy of the decision to die and makes it an option in a flawed healthcare system, where patients are often denied coverage for medical expenses by employer-sponsored benefit plans and medical insurers are concerned primarily with cutting costs spent on each patient. Complexities in the way that physicians are compensated under the current system of managed care is also eroding their responsibility …


153rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 1998

153rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

153rd University of Notre Dame Commencement and Mass Program including Law School awards


Ndls Update 05/1998, Notre Dame Law School May 1998

Ndls Update 05/1998, Notre Dame Law School

NDLS Update

No abstract provided.


George And Claudine Pletcher Senior Scholarship Award, Notre Dame Law School May 1998

George And Claudine Pletcher Senior Scholarship Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The George and Claudine Pletcher Senior Scholarship Award, 1994–1998.


Ndls Update 04/1998, Notre Dame Law School Apr 1998

Ndls Update 04/1998, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 03/1998, Notre Dame Law School Mar 1998

Ndls Update 03/1998, Notre Dame Law School

NDLS Update

No abstract provided.


On The Practical Meaning Of Secularism, John Finnis Mar 1998

On The Practical Meaning Of Secularism, John Finnis

Journal Articles

The secularism I consider in this Article is a public reality, the secularism which shapes public debate, deliberation, dispositions, and action, and dominates our education and culture. I shall be considering the ideas, not the people; and people are often less consistent, and better, than their theories. There is no profit in estimating whether secularism's dominance now is greater than in Plato's Athens or lesser than in Stalin's Leningrad. There is certainly a rich field for historical investigation of the particular and often peculiar forms taken by western secularism under the influence of the faith it supplants. But I shall …


De Re And De Dicto, Robert E. Rodes Mar 1998

De Re And De Dicto, Robert E. Rodes

Journal Articles

Statements involving knowledge, intent, and the like may often be interpreted either de re (about a thing) or de dicto (about a statement). For instance, A knowingly took B's car can mean either A knowingly took a car that turned out to be B's, the de re interpretation, or A knowingly caused it to be the case that he took B's car, the de dicto interpretation. This paper takes up twelve cases whose outcome depends on which interpretation one gives to a governing principle. It suggests that since the two alternative interpretations are equally supported by the applicable language policy …


Ndls Update 02/1998, Notre Dame Law School Feb 1998

Ndls Update 02/1998, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 01/1998, Notre Dame Law School Jan 1998

Ndls Update 01/1998, Notre Dame Law School

NDLS Update

No abstract provided.


Law Library Guide 1998–1999, Kresge Law Library, Research Services Department Jan 1998

Law Library Guide 1998–1999, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


Bulletin Of The Ll.M. Program In International And Comparative Law 1998, Notre Dame Law School Jan 1998

Bulletin Of The Ll.M. Program In International And Comparative Law 1998, Notre Dame Law School

Bulletins of Information

In 1968, Notre Dame established the first, and still the only, full–time branch of an American law school outside the United States. This program, located in the heart of London, England, now has three components – a yearlong component of the J.D. program, a summer program, and the master of laws (LL.M.) graduate program in international and comparative law.


From The Dean, David T. Link Jan 1998

From The Dean, David T. Link

1975–1999: David T. Link

Dean Link announces that the 1998–1999 academic year will be his last term. Indeed, it is not a retirement but a passing of the deanship to someone else so that he can pursue new and exciting opportunities.


The Compromise Of '38 And The Federal Courts Today, John H. Robinson Jan 1998

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …


In Memoriam: Father Bill Lewers, Jay Tidmarsh Jan 1998

In Memoriam: Father Bill Lewers, Jay Tidmarsh

Journal Articles

There is an old and famous Irish blessing, the last line of which runs: "And may you be in heaven half an hour before the devil knows you're dead." If anyone ever deserved to be happily ensconced in heaven for the proverbial half-hour, it is Bill Lewers.

For the last fourteen years of his life among us, Bill spent his considerable energy improving our understanding and awareness of international human rights. It became Bill's great passion. In 1983, Bill was appointed as Director of the Office of International Justice and Peace for the United States Catholic Conference. When he returned …


No-Fault Laws And At-Fault People, Margaret F. Brinig, F. H. Buckley Jan 1998

No-Fault Laws And At-Fault People, Margaret F. Brinig, F. H. Buckley

Journal Articles

Absent transaction costs, the Coase Theorem suggests that divorce reform would work no change in the frequency of divorce but perhaps would alter the distribution of marital wealth. However, divorce does involve substantial process costs, which no-fault lowered. This paper explores the question of what happened to state divorce rates because of the legal changes wrought by the family law revolution that began in the 1970s, isolating the effect of the legal variable from other demographic and social factors that might also explain the variation in divorce rates across states and across time.


Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward Jan 1998

Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward

Journal Articles

With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Personal Responsibility Act), states have unprecedented discretion in fashioning their social welfare programs.

This Note examines the Personal Responsibility Act, focusing specifically on the statutory language and history of the sixty-month time limit on receipt of benefits and the two optional exceptions states may enact. This examination reveals that the Act contemplates that states have both the power and the support of Congress and the Department of Health and Human Services to implement exceptions for the benefit of survivors of domestic violence.

Given that states may …


Kann Das Deutsche Verfassungsrechtsdenken Vorbild Fur Die Vereinigten Staaten Sein?, Donald P. Kommers Jan 1998

Kann Das Deutsche Verfassungsrechtsdenken Vorbild Fur Die Vereinigten Staaten Sein?, Donald P. Kommers

Journal Articles

Mein Thema läßt sich am besten als Frage formulieren: Was können wir Amerikaner von der Erfahrung der Deutschen mit dem Grundgesetz lernen? Diese Frage wurde für gewöhnlich in der anderen Richtung gestellt, näm lich: Was haben die Deutschen vom amerikanischen Verfassungsrecht ge lernt oder was sollten sie von ihm lernen?


The Bankruptcy Puzzle, Margaret F. Brinig, F. H. Buckley Jan 1998

The Bankruptcy Puzzle, Margaret F. Brinig, F. H. Buckley

Journal Articles

This article offers new evidence on the determinants of U.S. consumer bankruptcy filing rates, which tripled from 1984 to 1991. The run-up in filing rates does not appear to be a consequence of legal changes since the increase coincided with Bankruptcy Code amendments designed to reduce filing rates by rejecting opportunistic petitions. The run-up also coincided with a major economic boom and crested with the 1991 recession. However, much of the variation in district filing rates is attributable to differences in social variables, and we suggest that changes in social norms might account for the increased bankruptcy filings. This article …


Euthanasia, Morality, And Law, John M. Finnis Jan 1998

Euthanasia, Morality, And Law, John M. Finnis

Journal Articles

"Arguments for legalising euthanasia rely on claims about autonomy rights, or claims about political pluralism, or on both sorts of claim. My response will make three main points. First, those demanding this legalisation have shirked their elementary obligation to describe the alleged right, identify who has it, and delineate its boundaries as a right supposed to trump other goods, interests, and the wellbeing or rights of others. Second, they have neglected, or at best hugely underestimated, the casualties who would be, and in some places already are being, created by the success of their campaign. Third, they proceed on an …