Law Commons^™

Ndls Update 12/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Red Mass Invitation 2000, Notre Dame Law School

The Red Mass

Most Rev. John M. D'Arcy. Bishop of Fort Wayne-South Bend, and the Notre Dame Law School request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges and civil government officials at the Basilica of the Sacred Heart on Sunday. October I, 2000 at I 0 AM.

The renewal of this ancient tradition in which God's blessing is asked on all those who serve the law will be followed by a reception at the La Fortune Student Center Ballroom.

An invitation is extended to all lawyers, judges, and civil government …

Ndls Update 10/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Notre Dame Lawyer - Fall/Winter 2000, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.

Ndls Update 09/2000, Notre Dame Law School

NDLS Update

No abstract provided.

The Law's Spirit, Over Its Letter, Claudia H. Deutsch

1975–1999: David T. Link

Until last year, Mr. Link was content to promulgate that idea at the Notre Dame Law School, where he had been the dean for 24 years. But then, the Rev. Dennis Dease, president of St. Thomas University in Minneapolis, asked him to design and run its new nondenominational faith-based law school, to open in September 2001.

Hoynes Code, The, Patricia A. O'Hara

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.

Bulletin Of Information Of The University Of Notre Dame, The Law School 2000–2001, Volume 96, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Introduction

Spirit of Inclusion at Notre Dame

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

Security Information for Notre Dame Security/Police

Nondiscrimination Policy

Policies on Harassment and Other Aspects of Student Life

Notre Dame Lawyer - Summer 2000, Notre Dame Law School

Notre Dame Lawyer

Associate Dean Vincent D. Rougeau, Diploma Ceremony Address, Vincent D. Rougeau

Commencement Programs

No abstract provided.

155th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

155th University of Notre Dame Commencement and Mass Program including Law School awards

Ndls Update 05/2000-06/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Notre Dame Lawyer - Spring 2000, Notre Dame Law School

Notre Dame Lawyer

Dialogic Defense Of Alden, Jay Tidmarsh

Notre Dame Law Review

No abstract provided.

Ndls Update 03/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Law Library Guide 2000–2001, Kresge Law Library, Research Services Department

Law Library Guide

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

The Proliferation Of International Courts And Tribunals: International Adjudication In Ascendance, Roger P. Alford

Journal Articles

While there has been a significant focus on a few international tribunals, there have been insufficient efforts to compare and contrast the various courts and tribunals. Even a cursory comparison of these tribunals reveals that there are many unanswered questions regarding the interrelationship of these courts and tribunals and, more disturbing, a profound lack of attention to the collective impact these international tribunals are having on the field of international law. That is changing, as is evidenced by the new Project on International Courts and Tribunals at New York University School of Law, but we as an international legal community …

Catholic Health Care And The Diocesan Bishop, John J. Coughlin

Journal Articles

Over the course of the last decade, the provision of health care in the United States has been undergoing a radical transformation. The days when an insurer, such as Blue Cross and Blue Shield, paid a standard fee to a physician who provided a specified service to an individual patient are passing rapidly. This fee-for-service concept, which characterized American health care from the end of World War II until the 1990s, is being supplanted by a variety of arrangements that fall under the general rubric of "managed care." The fundamental approach of managed care is to provide the patient with …

A Comparative Constitutional Law Canon, Donald P. Kommers, John E. Finn

Journal Articles

The article discusses what types of legal cases constitute a “canon” on American constitutional theory and comparative constitutional law, examples of case law that illustrate important developments in the two subjects. It describes the process taken by the article's authors to select a small sampling of 90 “canon” cases for their course book on American constitutional law, which is designed for the academic community and for undergraduate students enrolled in a traditional liberal arts curriculum.

On The Incoherence Of Legal Positivism, John M. Finnis

Journal Articles

Legal positivism is an incoherent intellectual enterprise. It sets itself an explanatory task which it makes itself incapable of carrying through. In the result it offers its students purported and invalid derivations of ought from is.

In this brief Essay I note various features of legal positivism and its history, before trying to identify this incoherence at its heart. I do not mean to renege on my belief that reflections on law and legal theory are best carried forward without reference to unstable and parasitic academic categories, or labels, such as "positivism" (or "liberalism" or "conservatism," etc.). I use the …

A Dialogic Defense Of Alden, Jay Tidmarsh

Journal Articles

The opening paragraphs of the essay:

I find myself in the odd position of arguing that Alden v. Maine' is right, or at least not wrong. Do not misunderstand-I do not like the result in Alden any more than the next guy. But to not like the result and to argue that Alden is wrong as a matter of constitutional principle are two different matters. I am willing to argue that Alden is consistent with, albeit not compelled by, constitutional principle.

Implicit in the last sentence is the assumption that, had Alden been decided in accordance with Justice Souter's rather …

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …

Government Lawyers, Robert E. Rodes

Journal Articles

I am grateful to Professor Lee for the opportunity to comment on this fine set of papers regarding the ethical obligations of government lawyers. These papers shed light on many interesting aspects of serving the government. Professors Shaffer and Lee explore the peculiar challenges to integrity that a lawyer experiences when he has a client who can chop his head off. The challenges are less today, but a lawyer with large student loans to pay may not realize that they are. Professor Hazard points out that government lawyers are government employees with the responsibilities that government employment entails. Professor Green …

Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig

Journal Articles

Determining the degree of state intervention into intra-family decision making requires an unhappy choice between allowing abuse to continue or interfering with some families that would be better left alone. Mr. Besharov introduces the possible harms associated with the increased involvement of the state but fails to fully comprehend the circumstances that necessitate such involvement. Evils bracket the phenomenon discussed in Mr. Besharov's paper and this one. The difference in our approach lies in the choice we think is the lesser evil of the two, not that we think that either the harms associated with state involvement or the risk …

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Journal Articles

This Article is intended to be a primer on the legality and morality of educational choice—"School Choice in a Nutshell," if you will. We are resigned to being pre-empted by the tireless work of grassroots activists, the choices of voters, and the decisions of judges. Still, we hope, in somewhat polemical fashion, to establish two basic claims. First, school choice, properly understood, is constitutional. And second, school choice is both sensible and just.

In the end, we believe "school choice . . . is essential to achieving equality of opportunity for American children, rich or poor. School choice treats the …

International Perspective, Douglass Cassel

Journal Articles

I don't think it's accurate to say this panel has six experts on incarceration. I think we really have five experts and one dilettante. I know a bit about international human rights law. I am not an expert on prisons and I am overwhelmed by the expertise and the statistics that we've just received and about which I hope to learn a great deal more. So I apologize to you in advance for supplying nothing more than impressions of the international realities of incarceration. I will then skip quickly ahead to the law.

What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert E. Rodes

Journal Articles

Legal pronouncements to the effect that such and such is the case can be divided into three categories, which the paper calls normative, constitutive, and epistemic. The paper defines these three legal categories, explores examples of each of in the law of the state, and then examines church pronouncements under the same categories to see what light the analogy of secular law can shed on them. The Church's assertions of authority regarding faith and morals are epistemic in nature. Epistemic pronouncements by authority, whether in Church or state, are binding on anyone who is not better informed than the author, …