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Articles 1 - 30 of 40
Full-Text Articles in Law
Ndls Update 12/1996, Notre Dame Law School
Ndls Update 11/1996, Notre Dame Law School
Ndls Update 10/1996, Notre Dame Law School
Ndls Update 09/1996, Notre Dame Law School
151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
151st University of Notre Dame Commencement and Mass Program
Summer
Ndls Update 08/1996, Notre Dame Law School
Hoynes Code, The, David T. Link
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.
Bulletin Of Information, University Of Notre Dame Law School 1996–97, Volume 92, Number 5, Notre Dame Law School
Bulletin Of Information, University Of Notre Dame Law School 1996–97, Volume 92, Number 5, Notre Dame Law School
Bulletins of Information
Notre Dame Law School
Honor Code
Foreign Law Study
Graduate Law Programs
Joint Degree Programs
Requirements for Admission and Graduation
Fees and Expenses
Financial Aid Programs
The Law Program
Student Activities
Curriculum
Course Descriptions Appendix
Officers of Administration
The Law School Faculty
London Faculty
Practice Court Judges
Professional Staff
Faculty Profiles
Endowed Chairs
The Joseph A. Matson Chair in Law
The John N. Matthews Chair in Law
The William and Dorothy O'Neill Chair in Law
Robert E. and Marion D. Short Chair in Law
The Paul J. Schied Chair in Legal Ethics
The Concannon Program of International Law
The Center …
151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
151st University of Notre Dame Commencement and Mass Program including Law School awards
Ndls Update 05/1996, Notre Dame Law School
Ndls Update 04/1996, Notre Dame Law School
Ndls Update 03/1996, Notre Dame Law School
Ndls Update 02/1996, Notre Dame Law School
After Hours, Notre Dame Law School
After Hours, Notre Dame Law School
1975–1999: David T. Link
Dean David T. Link is taking the spirit and community of NDLS on the road! He has been an integral part of two major home-building efforts by the Jimmy Carter Work Project of Habitat for Humanity International.
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Journal Articles
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.
Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John Finnis
Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John Finnis
Journal Articles
Largely rejecting Christian faith and every other recognition of human dependence upon transcendent intelligence and will, our societies are diverging further and further from every type of Christian commonwealth or "civilization of love." In such a situation, one must ask whether Christians involved in politics can have a reasonable expectation of shaping the main lines of public policy and law. Can they expect to do any more than, sometimes, help limit the damage and, always, bear witness to the faith and to the moral truths which are taught by faith?
Civil Procedure: The Last Ten Years, Jay Tidmarsh
Civil Procedure: The Last Ten Years, Jay Tidmarsh
Journal Articles
In my view, the story of the last ten years in civil procedure is the slow but inexorable creep of ideas and solutions developed for complex cases into routine cases, and the continued effort of litigators and judges in complex cases to develop ideas and solutions that push the procedural envelope still farther out-thus setting the agenda for the next generation of procedural reform.
I do not want to overstate my claim. The procedures for a lawsuit are still basically the same: a short pleading stage followed by a lengthy discovery stage followed by a culminating event of trial. But …
The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule
Journal Articles
A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …
Corrections Day, John Copeland Nagle
Corrections Day, John Copeland Nagle
Journal Articles
In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Journal Articles
Consider the way we American lawyers learn about the relationship between the church and the law: This grand constitutional and legal order we propose to serve is unfolded before us and built up in our minds and hearts; it comes to us out of multi-volume sets of course books, and, like the gods of Canaan, it comes to us as religious: Thomas Jefferson said America was God's New Israel; David Hoffman, the grandfather of legal ethics in America, spoke of the law as a temple and of us lawyers as priests who served in the temple; Law Day speakers commonly …
Lending Discsrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Vincent D. Rougeau, Keith N. Hylton
Lending Discsrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Vincent D. Rougeau, Keith N. Hylton
Journal Articles
Although it has been settled law for almost two decades, there has been a heightened interest in the Community Reinvestment Act (CRA) over the last several years. One factor driving this interest is the continuing economic decline of the inner cities and the consequent widening of the wealth gap between cities and surrounding suburbs in many areas of the country. A second factor is the consolidation of the banking industry, which has encouraged expansion-oriented banks to improve their CRA ratings to gain the approval of regulators. A recent effort to enhance enforcement of the statute, in part the result of …
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Journal Articles
Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …
Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett
Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett
Journal Articles
Not long ago, the welfare reform debate took a provocative turn. New Jersey welfare recipients challenged the state's Family Cap rule, which denied additional cash aid to parents who conceive children while on welfare. Welfare rights activists argued that the rule "with[held] benefits to see if [this would] alter human behavior." They insisted that the innovative, but stern, Family Cap rules were effectively experiments on welfare recipients without their consent.
This is a powerful argument. After all, consent enjoys talismanic—if not sacramental—status in modem life and thought; it is our "master concept." But why? Why should consenting mean so much …
South Bend, Indiana: A Case Study Of The Possibilities And Realities Of Hospital Cooperation, Joseph P. Bauer
South Bend, Indiana: A Case Study Of The Possibilities And Realities Of Hospital Cooperation, Joseph P. Bauer
Journal Articles
South Bend, the county seat of St. Joseph County, Indiana, is a city with a population of slightly more than 100,000. Located about 100 miles from Chicago, it serves many of the educational, financial and health care needs of a five county metropolitan area of over 700,000 people. South Bend and its sister city, Mishawaka, are served by four general hospitals. The two largest each have about 40 percent of the available beds in the community. One of them, Memorial Hospital of South Bend, is a not-for-profit corporation which is unaffiliated with any other hospital; the other large hospital, St. …
Edward J. Murphy: A Professor For All Seasons, David T. Link
Edward J. Murphy: A Professor For All Seasons, David T. Link
Journal Articles
Ed Murphy taught more Notre Dame law students than any other professor in the history of the University. To his students, he was more than a teacher; he was mentor and even legend. A mainstay at the Law School, Professor Murphy died in July of last year at the age of sixty-eight.
I was privileged to be his student, his colleague and his friend. I miss him very much. We all do. But, of course, his example lives on. He continues to be a part of the great Notre Dame spirit. Our recently appointed contracts professor tells me that every …
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson
Journal Articles
Jefferson Powell's recent book, The Moral Tradition of American Constitutionalism, was the point of departure for a series of short papers and conversations held in March of 1996 at the Notre Dame Law School.
The conversation began with a presentation by Professor Joseph Vining. His remarks were followed by a free-flowing conversation, loosely orchestrated by Professor Robinson, among the participants. After a break, the conversation was restarted with a presentation by Professor Maura Ryan, followed once again by a loosely orchestrated conversation. We turn first to Joseph Vining.
Edward J. Murphy, Catholic Scholar, Charles E. Rice
Edward J. Murphy, Catholic Scholar, Charles E. Rice
Journal Articles
Permit me to explain, with some background, why Edward J. Murphy was an admirable Catholic man and why I and many others are in his debt for his friendship and example.
Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel
Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel
Journal Articles
This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …
Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy
Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy
Journal Articles
In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …