Law Commons^™

Ndls Update 12/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 10/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 09/1995, Notre Dame Law School

NDLS Update

No abstract provided.

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.

150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

150th University of Notre Dame Commencement and Mass Program

Summer

Ndls Update 08/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Bulletin Of Information, University Of Notre Dame Law School 1995-96, Volume 91, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

2 Notre Dame Law School

3 The Community

Faculty-Student Relationship

Honor Code

Student Conduct

Enrichment

Law Building and Library

Legal Research and Writing

Career Services

4 Foreign Law Study

London Programs

5 Graduate Law Programs

/ .S.D.-Intemational Human

Rights Law

LL.M.-lntemational and

Comparative Law in London

LL.M.-lntemational Human

Rights Law

6 Dual Degree Program

f.D ./M.S. …

150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

150th University of Notre Dame Commencement and Mass Program including Law School awards

Ndls Update 05/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Professor Jay Tidmarsh, Diploma Ceremony Address, Jay Tidmarsh

Commencement Programs

Professor Jay Tidmarsh, who had been selected as Law School Distinguished Teacher, addressed the graduates; his remarks follow.

Ndls Update 04/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 03/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/1995, Notre Dame Law School

NDLS Update

No abstract provided.

The Early Years Of Notre Dame Law School, Walter F. Pratt

1883–1919: William J. Hoynes

Pratt’s article describes the early law school deans: William Hoynes, Francis Vurpillat, Thomas Konop, Clarence Manion, and Joseph O'Meara as well as life during the early years of the law school.

Ndls Update 01/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Notre Dame Lawyer - Academic Year 1995-96, Notre Dame Law School

Notre Dame Lawyer

Law Library Guide 1995–1996, Kresge Law Library, Research Services Department

Law Library Guide

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

A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig

Journal Articles

Many of the other participants in this Symposium have written extensively about surrogacy. Not only have they contributed to the debate, in some instances they have framed it. In some respects, therefore, I merely thank all of them and chime in. Unlike my fellow panelists, however, I do not think surrogacy merits an enthusiastic, positive response.

In this Comment, I propose to restate objections to specifically enforceable surrogacy contracts from a family-law perspective as well as from the philosophical or psychological roots of family law. I will then reexamine the problems of surrogacy from a contractarian, law-and-economics perspective, showing how …

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …

An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes

Journal Articles

In these two lively, elegant, and lucid books, Mary Ann Glendon points to an increasing bloody-mindedness in our society, and argues persuasively that law and lawyers are in great part to blame for it. It seems that we are constantly pelting each other with non-negotiable demands backed by the threat of litigation, and that our legal profession has become too venal or too lacking in moral fiber to tell us to lighten up. The first part of the argument is presented in Rights Talk, the second in A Nation Under Lawyers. Both parts are presented with passion, charity, and a …

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Journal Articles

Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …

The Legal Aspects Of Foreign Investment In Vietnam, Tang Thi Thanh Trai Le

Journal Articles

Recent years have brought burgeoning interest in foreign investment in Vietnam. Although a few observers have sounded discordant notes about Vietnam's economic potential, they have been drowned out in the chorus of the prevailing opinion that Vietnam appears set to become the next 'tiger' of Southeast Asia. Recognising this potential, the US lifted its trade embargo of Vietnam in early 1994. By this time, foreign investors from other nations had already established a presence in Vietnam.

Foreign investors have well-founded reasons underlying their interest in Vietnam. Vietnam's plentiful natural resources, including timber, oil, agricultural resources, a long coastline, tourism, and …

Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

Our thanks to the editors of the University of Arkansas at Little Rock Law Journal for the opportunity to respond to Jack Sammons' review of our recent book. We are honored to be taken seriously by someone as thoughtful as Sammons. We especially like his suggestion that, "[I]t would be good for everyone in the legal profession to pay attention to what Shaffer and Cochran have done here." (We hope they all buy copies of the book.) We see his book review (as we know he sees it) as moral discourse among friends; we respond in the same spirit. Though …

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.

Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer

Journal Articles

My interest here is ethics—whether observation, intuition, the ability to make appeals to human nature, and insight into the workings of the human heart are useful as guides for legal judgments in relationships between lawyers and clients. A modern American lawyer and her client use power as certainly as Solomon used power and, I suppose, are as manifestly subject to indirection in deciding how to use power as the kings of Israel were. In both cases the enterprise is undertaken, as W.H. Auden put it, on "a moral planet tamed by terror."

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

In an article marked by the intelligence and fairmindedness for which his work is widely-and rightly-admired, Stephen Macedo has argued against our view that sodomy, including homosexual sodomy, is intrinsically nonmarital and immoral. His goal is to show that "new natural law" theorists, such as Germain Grisez, John Finnis, and the two of us, have no sound argument for drawing moral distinctions-which would, in turn, provide a basis for legal distinctions (particularly in the area of marriage)­ between the sodomitical acts of "devoted, loving, committed homosexual partners" and the acts of genital union of men and women in marriage. We …

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.

Closing Argument, James H. Seckinger

Journal Articles

To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”

An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …