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Articles 1 - 30 of 44
Full-Text Articles in Law
Irish Law 2006, Notre Dame Law School
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 …
Red Mass 2006, Notre Dame Law School
Red Mass Invitation 2006, Notre Dame Law School
Red Mass Invitation 2006, 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, September 24, 2006 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.
Bulletin Of The University Of Notre Dame The Law School 2006–07, Volume 102, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2006–07, Volume 102, 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
161st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
161st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
161st Commencement and Mass Program
Saturday, May 20, 2006
Associate Professor Amy Coney Barrett, Diploma Ceremony Address, Amy Coney Barrett
Associate Professor Amy Coney Barrett, Diploma Ceremony Address, Amy Coney Barrett
Commencement Programs
Associate Professor Amy Barrett Law School Distinguished Teacher Commencement Address
Educating a different kind of lawyer
The Law Library: A Twenty Year Odyssey, Roger F. Jacobs
The Law Library: A Twenty Year Odyssey, Roger F. Jacobs
1985–2006: Roger F. Jacobs
Roger F. Jacobs recounts his arrival and milestones over twenty years as Kresge Law Library's library director.
Law Library Guide 2006–2007, Kresge Law Library, Research Services Department
Law Library Guide 2006–2007, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett
William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett
Journal Articles
Chief Justice Rehnquist leaves behind a formidable and important legacy in constitutional law. His work on the Court was animated and guided by the view that We the People, through our Constitution, have authorized our federal courts, legislators, and administrators to do many things - but not everything. Because the Nation's powers are few and defined, Congress may not pursue every good idea or smart policy, nor should courts invalidate every foolish or immoral one. However, for those of us who knew, worked with, learned from, and cared about William Rehnquist, it is his unassuming manner, the care he took …
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Journal Articles
Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …
The Fundamental Rights Of The Shareholder, Julian Velasco
The Fundamental Rights Of The Shareholder, Julian Velasco
Journal Articles
Shareholders have many legal rights, but they are not all of equal significance. This article will argue that two rights — the right to elect directors and the right to sell shares — are more important than any others, that these rights should be considered the fundamental rights of the shareholder, and that, as such, they deserve a great deal of respect and protection by law.
The history of corporate law has been one of increasing flexibility for directors and decreasing rights for shareholders. Although the law seems to have coalesced around the norm of shareholder primacy, this is not …
Personal Reflections On The Chief, Richard W. Garnett
Personal Reflections On The Chief, Richard W. Garnett
Journal Articles
My favorite William Rehnquist quote is this, from Kansas v. Colorado: “The Arkansas River rises on the east side of the Continental Divide, between Climax and Leadville, Colorado. Thence it flows south and east through Colorado, Kansas, Oklahoma, and Arkansas, emptying into the Mississippi River, which in turn flows into the Gulf of Mexico. As if to prove that the ridge that separates them is indeed the Continental Divide, a short distance away from the source of the Arkansas, the Colorado River rises and thence flows southwest through Colorado, Utah, and Arizona, and finally empties into the Gulf of Baja, …
The Secret Sharers: "Anthony Rivers" And The Appellant Controversy, 1601-2, John M. Finnis, Patrick Martin
The Secret Sharers: "Anthony Rivers" And The Appellant Controversy, 1601-2, John M. Finnis, Patrick Martin
Journal Articles
Historians have known of the letters of “Anthony Rivers,” recounting religious, political, and military affairs from the court in London in 1601–3, and of certain dispatches from Rome forwarded to Robert Cecil by Thomas Phelippes, “the Decipherer,” in 1602. In this article, Patrick Martin and John Finnis show that the letters and dispatches were integral to a coordinated effort by William Sterrell, secretary to the Earl of Worcester and long-time double agent, and Father Robert Persons, prefect in Rome of the Jesuit mission to England, to frustrate the climactic third appeal to the pope by the disaffected secular priests known …
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
Journal Articles
Consider two phrases in Professor Marie Failinger's charge to those of us discussing Jeffrey Stout's Democracy and Tradition, October 28, 2005, at Hamline University: (i) "How would we construct a real democratic sociality holding each other responsible for ethical life that would warrant trust in democracy? . . . and, (ii) How do the religious traditions help us reflect on this issue?"
My reflection, probably sectarian, refers more to where we come from than to what we choose. The reference here is to three communities, none of which is primarily concerned with "real democratic sociality." But none of them is …
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly
Journal Articles
If eminent domain is to serve true community development, statutory reforms must limit its propensity to abuse while still preserving its effectiveness. The first part of this article offers a normative legal theory of eminent domain as constrained by both the availability of alternative means of achieving public objectives and the inability of some condemnees to be made whole by cash compensation. The consideration of the land needs of both the condemnor and the condemnee is crucial to the respective evaluations of public use and just compensation as limitations on eminent domain. In the context of urban redevelopment, the theory …
Religion And State: Some Main Issues And Sources, John M. Finnis
Religion And State: Some Main Issues And Sources, John M. Finnis
Journal Articles
Public reason's default position is not atheism or agnosticism about the dependence of everything on a transcendent Creator. On the contrary, there is good reason to judge that there is such a transcendent cause, capable of communicating with intelligent creatures, that one of the world's religions may be essentially true and others substantially truer than atheism, and that there is a human or natural right to immunity from coercion in religious inquiry, belief (or unbelief, precisely as such), and practice so far as is compatible with public order, that is with the rights of others, public peace and public morality. …
Religion, Division, And The First Amendment, Richard W. Garnett
Religion, Division, And The First Amendment, Richard W. Garnett
Journal Articles
Nearly thirty-five years ago, in Lemon v. Kurtzman, Chief Justice Warren Burger declared that state programs or policies could excessive(ly) - and, therefore, unconstitutionally - entangle government and religion, not only by requiring or allowing intrusive public monitoring of religious institutions and activities, but also through what he called their divisive political potential. Chief Justice Burger asserted also, and more fundamentally, that political division along religious lines was one of the principal evils against which the First Amendment was intended to protect. And from this Hobbesian premise about the inten(t) animating the First Amendment, he proceeded on the assumption that …
"The Dean Of Chicago's Black Lawyers": Earl Dickerson And Civil Rights Lawyering In The Years Before Brown, Jay Tidmarsh, Stephen Robinson
"The Dean Of Chicago's Black Lawyers": Earl Dickerson And Civil Rights Lawyering In The Years Before Brown, Jay Tidmarsh, Stephen Robinson
Journal Articles
Brown v. Board of Education is a watershed in American law and society. In the years since it was decided, Brown has shaped America's views of race, constitutionalism, and equality. Brown exerts an equally important influence over the historiography of civil rights lawyering in the decades before Brown. In particular, in constructing the story of civil rights lawyering in the crucial years between World War I and World War II, historians and legal scholars have focused primarily on the people and the events that shaped Brown.
Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel
Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel
Journal Articles
"When it comes to human rights, there is no greater leader than the United States of America," White House spokesman Scott McClellan has said.
The view from abroad is less kind. A recent resolution of the European Parliament, for example, "condemns" our government's treatment of prisoners at Guantanamo. It urges Washington to guarantee all prisoners "minimum human rights in accordance with international human rights law and fair trial procedures" and to "immediately clarify the situation of the prisoners." European objections run so deep that a New York Times account finds a "high level of anger in Europe at reports that …
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Journal Articles
"Judicial activism," writes Professor Kermit Roosevelt, of Penn, has been employed as an "excessive and unhelpful" charge--one "essentially empty of content." As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with "much, though not all, of" Roosevelt's position. Ultimately, Garnett suggests "that 'judicial activism' might be salvaged, and used as a way of identifying and criticizing decisions...that fail to demonstrate th[e] virtue" of constitutional "humility."
Pound's Century, And Ours, Jay Tidmarsh
Pound's Century, And Ours, Jay Tidmarsh
Journal Articles
On August 29, 1906, a little known Nebraska lawyer climbed to the podium at the twenty-ninth American Bar Association convention in St. Paul, Minnesota, and commenced the most thoroughly successful revolution in American law. The lawyer was Roscoe Pound, and the title of his address was The Causes of Popular Dissatisfaction with the Administration of Justice. The speech was hardly popular in its own time. The ABA nearly refused to publish the remarks. Thirty-two years would pass before Pound's seeds fully flowered. Even today, many of Pound's criticisms of our adversarial civil justice system ring as true as the day …
Ranks And Rivals: A Theory Of Competition, Avishalom Tor, Stephen M. Garcia, Richard Gonzalez
Ranks And Rivals: A Theory Of Competition, Avishalom Tor, Stephen M. Garcia, Richard Gonzalez
Journal Articles
Social comparison theories typically assume a comparable degree of competition between commensurate rivals on a mutually important dimension. In contrast, however, the following set of studies reveals that the degree of competition between such rivals depends on their proximity to a standard. Studies 1-3 test the prediction that individuals become more competitive and less willing to maximize profitable joint gains when they and their commensurate rivals are highly ranked (e.g., #2 vs. #3) than when they are not (e.g., #202 vs. #203). Studies 4-6 then generalize these findings, showing that the degree of competition increases not only for high ranks …
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Journal Articles
This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.
While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Journal Articles
Federal laws that regulate state institutions give rise to what the Supreme Court has described as the oldest question of constitutional law. In recent years, the Court has confronted questions of congressional power to regulate state legislatures and executives, but has not directly confronted any question of congressional power to regulate state courts. Since the Founding, questions of congressional power to regulate state court jurisdiction of Article III cases have arisen - most notably, congressional power to assign jurisdiction of federal criminal cases to state courts. Today, significant questions of congressional power to regulate state court jurisdiction over non-Article III …
The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna
The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna
Journal Articles
This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.
Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig
Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig
Journal Articles
When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …
Tradition And Development In The Catholic Church's Teaching On Marriage: A Response To Cardinal Trujillo, John J. Coughlin
Tradition And Development In The Catholic Church's Teaching On Marriage: A Response To Cardinal Trujillo, John J. Coughlin
Journal Articles
During the twentieth century, the teaching of the Roman Catholic Church on the nature of marriage remained fully faithful to ancient tradition and witnessed new developments. In his article, The Nature of Marriage and Its Various Aspects, Alfonso Cardinal Lopez Trujillo has afforded a splendid overview of both the timeless and adaptive features of the Church's teaching. In commenting on the article, I have been asked to identify obstacles to the article's reception as well as to suggest possible resolutions. My brief response to His Eminence, Cardinal Trujillo, consists of two parts. First, I suggest that an epistemological issue is …
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Journal Articles
The purpose of this Article is to discuss common mistakes in the current debate on outsourcing authority. The first mistake in the debate on outsourcing authority is about the protagonists. To focus solely on the fact that some justices espouse this approach, while others do not, distorts the true picture of the rich debate that is ongoing at the bar, the bench, the academy, and beyond. Mistaking the voices in the debate will distort what is at issue in the discussion. The reality is much more complex. There is a groundswell of opposition to this trend from various corners and …
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Journal Articles
International law is ready for a period of renewal in this post-post-modern era. I predict this renewal will come from reviving classical doctrines, such as the positive-law doctrine of sources, and from revisiting formalism. Such renewal will not be possible for the international law of evidence because there is no classical doctrine. Perhaps, as Charles Brower suggests, this is because of the differing civil and common law attitudes toward the rules of evidence, especially with respect to the burden of proof. It seems to me, however, that we need a law of evidence in international law, especially for the international …
Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Journal Articles
This essay is about the application of procedural approaches in the US-Zeroing case that serve to highlight potential problems with Appellate Body decision-making. Those problems go to central issues of judicial restraint, including concerns surrounding standards of review, appellate fact-finding, and notions of justiciability and ripeness. This essay will begin with an analysis of US-Zeroing's approach in applying the specialized standard of review under the Antidumping Agreement, arguing that it fails to adhere to the obligation of deference to permissible Member State interpretations of WTO antidumping obligations. It then examines the fact-finding procedures applied by the Appellate Body, which raise …