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.

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …

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 …

The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey

Journal Articles

Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.

Even …

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule

Journal Articles

Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.

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 …

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 …

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.

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.

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 …

United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig

Journal Articles

Persons unfamiliar with the American legal system might be dismayed by the variety and inconsistency of developments in domestic relations law during 1993. The key to comprehending family law in the United States is to know that, within the broad parameters set by the Constitution and minimal federal legislation, each of the fifty American states retains substantial constitutional autonomy when regulating domestic relations. As a result, "a hundred flowers bloom" in American family law-in the form of tremendously varied (sometimes diametrically inconsistent) statutes, policies and doctrines. Despite national trends, novelties or developments of potentially broad interest that occur every year, …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …