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Articles 1 - 30 of 43
Full-Text Articles in Law
Ndls Update 12/2000, Notre Dame Law School
Ndls Update 11/2000, Notre Dame Law School
Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett
Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett
Journal Articles
Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …
Red Mass Invitation 2000, Notre Dame Law School
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
Notre Dame Lawyer - Fall/Winter 2000, Notre Dame Law School
Notre Dame Lawyer - Fall/Winter 2000, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Ndls Update 09/2000, Notre Dame Law School
The Law's Spirit, Over Its Letter, Claudia H. Deutsch
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, 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
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
On The Incoherence Of Legal Positivism, John Finnis
On The Incoherence Of Legal Positivism, John 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 …
Notre Dame Lawyer - Summer 2000, Notre Dame Law School
Associate Dean Vincent D. Rougeau, Diploma Ceremony Address, Vincent D. Rougeau
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
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
Notre Dame Lawyer - Spring 2000, Notre Dame Law School
Dialogic Defense Of Alden, Jay Tidmarsh
Ndls Update 03/2000, Notre Dame Law School
Ndls Update 02/2000, Notre Dame Law School
Ndls Update 01/2000, Notre Dame Law School
Law Library Guide 2000–2001, Kresge Law Library, Research Services Department
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.
Government Lawyers, Robert E. Rodes
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 …
The Proliferation Of International Courts And Tribunals: International Adjudication In Ascendance, Roger P. Alford
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 …
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Journal Articles
But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …
The Basic Law: A Fifty Year Assessment, Donald P. Kommers
The Basic Law: A Fifty Year Assessment, Donald P. Kommers
Journal Articles
In 1949 the new German Basic Law raised many questions. Could a newly minted constitution-mere words on paper-breathe new life into a people devastated by war? Would it serve as a stable framework of government? Would it promote respect for human rights and popular government? Would it foster internal political unity? Half a century later all these questions can be answered in the affirmative. The Basic Law is one of the world’s most respected and imitated constitutions and it has emerged as the vital center of Germany's constitutional culture. It is invoked repeatedly in parliamentary debates and resorted to in …
The Recusal Alternative To Campaign Finance Legislation, John C. Nagle
The Recusal Alternative To Campaign Finance Legislation, John C. Nagle
Journal Articles
Typical campaign finance proposals focus on limiting the amount of money that can be contributed to candidates and the amount of money that candidates can spend. This article suggests an alternative proposal that places no restrictions on contributions or spending, but rather targets the corrupting influence of contributions. Under the proposals, legislators would be required to recuse themselves from voting on issues directly affecting contributors. I contend that this proposal would prevent corruption and the appearance of corruption while remedying the first amendment objections to the regulation of money in campaigns.
The Role Of The Law Review In The Tradition Of Judicial Scholarship, Kenneth F. Ripple
The Role Of The Law Review In The Tradition Of Judicial Scholarship, Kenneth F. Ripple
Journal Articles
This article explores one of the most important sources of judicial education, the law review. Part I first examines, by way of introduction, why continued intellectual growth is so important to the American jurist of today. It then sets forth the growth of the law review as an institution within the legal profession. Part II examines the various roles that law reviews play traditionally in the intellectual life of a judge and suggests, with respect to each, certain improvements in the judge-law review relationship designed both to enhance the effectiveness of the law review as an intellectual companion and to …
The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley
The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley
Journal Articles
This article focuses on the relationship between freedom of religion and the norm against non-establishment of religion in the context of government efforts to accommodate religious practices. It analyzes First Amendment doctrine in this area, and concludes that the Supreme Court has consistently been generous in permitting accommodations of religion when they are the product of judicial decisions; in other words, at least until recently the Court has been open to mandatory accommodations so long as they are ordered by judges. By contrast, the Court has long been suspicious of - and far from generous in permitting - accommodations as …
Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig
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 …
Civil Rights And Human Rights: A Call For Closer Collaboration, Douglass Cassel
Civil Rights And Human Rights: A Call For Closer Collaboration, Douglass Cassel
Journal Articles
Those of you who may be familiar with my commentaries know that my usual topics are mass murderers overseas or U.S. foreign policy toward them. Today, however, I would like to focus on something closer to home-the history of and prospects for fruitful collaboration between the civil rights movement and the international human rights movement. My purpose is to encourage dialogue between civil rights and human rights lawyers. As a sometime civil rights lawyer myself, I am convinced that such a dialogue could be productive.
We might start by distinguishing human rights from civil rights. In customary American usage, the …