Law Commons^™

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 …

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 …

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …

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 …

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.

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

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.

Social Justice And Liberation, Robert E. Rodes

Journal Articles

Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …

The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley

Journal Articles

This article outlines three explanations for why states seek migrants and tests them by references to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.

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 …