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Notre Dame Law School

2003

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Articles 1 - 30 of 54

Full-Text Articles in Law

Ndls Update 11/2003-12/2003, Notre Dame Law School Nov 2003

Ndls Update 11/2003-12/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Notre Dame Lawyer - Fall 2003, Notre Dame Law School Oct 2003

Notre Dame Lawyer - Fall 2003, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.


Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School Oct 2003

Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2006:

Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like.

This is an insider’s guide because it was written entirely by students. A group of volunteers have ...


Red Mass Invitation 2003, Notre Dame Law School Sep 2003

Red Mass Invitation 2003, Notre Dame Law School

The Red Mass

Most Rev. John M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass committee requests the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students, and civil government officials at the Basilica of the Sacred Heart on Sunday September 28, 2003 at 10 AM.


Red Mass 2003, Notre Dame Law School Sep 2003

Red Mass 2003, Notre Dame Law School

The Red Mass

No abstract provided.


Ndls Update 09/2003-10/2003, Notre Dame Law School Sep 2003

Ndls Update 09/2003-10/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Hoynes Code, The, Patricia A. O'Hara Aug 2003

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 The University Of Notre Dame The Law School 2003-04, Volume 99, Number 4, University Of Notre Dame Aug 2003

Bulletin Of The University Of Notre Dame The Law School 2003-04, Volume 99, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

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


158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2003

158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

158th University of Notre Dame Commencement and Mass Program including Law School awards


Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia May 2003

Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia

Commencement Programs

Graduation Address by Professor Anthony J. Bellia Jr., Recipient of the 2003 Law School Distinguished Teacher Award.


Notre Dame Lawyer - Spring 2003, Notre Dame Law School Apr 2003

Notre Dame Lawyer - Spring 2003, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.


Ndls Update 03/2003-04/2003, Notre Dame Law School Mar 2003

Ndls Update 03/2003-04/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 01/2003-02/2003, Notre Dame Law School Jan 2003

Ndls Update 01/2003-02/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Law Library Guide 2003–2004, Kresge Law Library, Research Services Department Jan 2003

Law Library Guide 2003–2004, Kresge Law Library, Research Services Department

Law Library Guide

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


To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell Jan 2003

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Journal Articles

Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.


Is There A New World Court?, Douglass Cassel Jan 2003

Is There A New World Court?, Douglass Cassel

Journal Articles

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran Jan 2003

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

No abstract provided.


The Lame Ducks Of Marbury, John C. Nagle Jan 2003

The Lame Ducks Of Marbury, John C. Nagle

Journal Articles

The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the people who ...


Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin Jan 2003

Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin

Journal Articles

No abstract provided.


The Public-Use Question As A Takings Problem, Nicole Stelle Garnett Jan 2003

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote economic development. In Hawaii Housing Authority v. Midkiff, the Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that public use challenges are subject to rational basis review; so long as a taking can be justified by some conceivable public purpose, it will be upheld. Yet in recent years, a number of courts have put ...


Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey Jan 2003

Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey

Journal Articles

The attorneys' fees awarded to plaintiffs’ counsel in securities fraud class actions have generated controversy for years. Critics have claimed that enormous fee awards come at the expense of defrauded investors and simply spur extortionate lawsuits against issuers and other potential deep pocket defendants. Commentators also have raised concerns that plaintiffs' class action lawyers manipulated class representatives, persons who had little incentive to monitor class counsel’s activities.

To address these concerns, Congress enacted the Private Securities Litigation Reform Act ("PSLRA"). Among other things, the statute sought to protect absent class members by giving control of the litigation to lead ...


Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor Jan 2003

Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor

Journal Articles

One of the core assumptions of the traditional economic approach to antitrust law is that competitors are perfectly rational, profit-maximizing, decision makers. Sometimes, this assumption serves as a useful simplification of business behavior, providing an effective foundation for antitrust doctrine. At other times, however, assuming strictly rational behavior on the part of competitors is not “approximately right” but, instead, “perfectly wrong.” In these latter cases, the reliance on the perfect rationality assumption can lead scholars to mispredict market behavior and, possibly, advocate erroneous prescriptions for antitrust policy. In contrast, a behaviorally informed approach to antitrust law is based on scientific ...


Cultural Change And "Catholic Lawyers", Stephen Smith Jan 2003

Cultural Change And "Catholic Lawyers", Stephen Smith

Journal Articles

No abstract provided.


Clerking For Scrooge, Barry Cushman Jan 2003

Clerking For Scrooge, Barry Cushman

Journal Articles

During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox ...


"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza Jan 2003

"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza

Journal Articles

This article examines the judicial use of foreign jurisprudence in human rights adjudication, using as data a set of court decisions regarding the death penalty from over a dozen different tribunals in different parts of the world. The global human rights norms and judicial discourse on human rights in these cases can be understood and explained by comparing the contemporary practices to the medieval ius commune. The modern ius commune of human rights has three distinct characteristics which it shares with the historical example to which it is analogized: it is broadly transnational in scope and application; it is grounded ...


The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer Jan 2003

The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer

Journal Articles

Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.


Just Do It: An Antidote To The Poison Pill, Julian Velasco Jan 2003

Just Do It: An Antidote To The Poison Pill, Julian Velasco

Journal Articles

The poison pill is the most powerful defense against hostile takeovers. It can render a company takeover-proof, or nearly so. Efforts at developing an antidote have focused largely on shareholder-adopted bylaws, but the legality of such proposals has been questioned by many. In any event, shareholder-adopted bylaws have not been very successful in eliminating poison pills thus far. In order to effect takeovers, hostile bidders cannot rely on the courts or the target company's shareholders; they can rely only on themselves. In this article, I propose a strategy for hostile bidders to counteract the poison pill and to consummate ...


The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin Jan 2003

The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin

Journal Articles

Recent revelations of cases in which Catholic priests have sexually abused minors over the course of the last five decades have drawn intense media scrutiny and public outrage. But discipline of the clergy for sexual offenses is not novel in the history of the Catholic Church, and canonical structures have long been in place to address the problem. This Article argues that the recent crisis has resulted in part from a failure to respect and enforce the relevant provisions of canon law. If bishops had fulfilled their duty to abide by the rule of law, especially in the cases involving ...


Mental Health Assessment Of Minors In The Juvenile Justice System, Mike Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin Jan 2003

Mental Health Assessment Of Minors In The Juvenile Justice System, Mike Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County ...


A Cultural Tour Of The Legal Landscape: Reflections On Cardinal George's Law And Culture, Charles E. Rice Jan 2003

A Cultural Tour Of The Legal Landscape: Reflections On Cardinal George's Law And Culture, Charles E. Rice

Journal Articles

No abstract provided.