Law Commons^™

Notre Dame Lawyer - Spring 2013, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.

Ndls Update 03/26/2013, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Ndls Update 03/18/2013, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Ndls Update 03/12/2013, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Ndls Update 03/05/2013, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Law Library Newsletter, Volume 4, Issue 5 - March/April 2013, Kresge Law Library

Law Library Newsletter

Because you(and10,000other ND students) demanded it: Online access to the New York Times.
LexisNexis’new UNLIMITED summer access policy!
Learn about the LLM & JSD thesis collection.
Articles about new apps from BLAW, Transpo, and USA.gov.
The Making of Modern Law: Primary Sources, 1620-1926

Ndls Update 02/26/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Statutes In Common Law Courts, Jeffrey Pojanowski

Journal Articles

The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not general common law courts. Nevertheless, a perennial point of contention among federal law scholars is whether and how a court’s common law powers affect its treatment of statutes. Textualists point to federal courts’ lack of common law powers to reject purposivist statutory interpretation. Critics of textualism challenge this characterization of federal courts’ powers, leveraging a more robust notion of the judicial power to support purposivist or dynamic interpretation. This disagreement has become more important in recent years with the emergence of a refreshing movement in …

The Place Of Freedom Of Religion In Human Rights, Paolo G. Carozza

Faculty Lectures and Presentations

No abstract provided.

Ndls Update 02/19/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/12/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Carolene Products And Constitutional Structure, Barry Cushman

Journal Articles

Justice Harlan Fiske Stone's majority opinion in United States v. Carolene Products Co. is well-known for its statement of two principles. The first is that regulatory legislation affecting ordinary commercial transactions is to be afforded a strong presumption of constitutionality. The second principle, articulated in the famous Footnote Four, qualifies the first: such a strong presumption of constitutionality is not warranted when legislation appears on its face to violate a provision of the Bill of Rights, or restricts ordinary political processes, or is directed at discrete and insular minorities. At the time the decision was announced, however, the decision in …

Ndls Update 02/05/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/29/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/22/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Roberts, Thomas Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Stutz, Robert Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Ndls Update 01/15/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/08/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitashi Mayer

Faculty Lectures and Presentations

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current …

Law Library Guide 2013–2014, Kresge Law Library, Research Services Department

Law Library Guide

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

Law Library Newsletter, Volume 4, Issue 4 - January/February 2013, Kresge Law Library

Law Library Newsletter

2012 Summer Research Experience Survey results. Information about digital access to U.S. Supreme Court records and briefs 1832-1978. A comparision: Bloomberg v. Lexis Nexis v. WestlawNEXT. The Making of Modern Law: SCOTUS Records & Briefs 1832-1978, Finding workforce supply and demand data with IndianaSkills.com, The Clarence Darrow Digital Collection, Bloomberg Law v. Lexis Nexis v. WestlawNEXT

Poster For Camerado, I Give You My Hand, Penguin Random House

1975–1999: David T. Link

For many years Dr. David T. Link helped young men and women prepare to become lawyers. After his wife died, and at a time in his life when most people retire, Dr. Link felt called to serve the Church and to aid the men that his profession normally put behind bars, ministering healing and forgiveness to murderers, thieves, and what many would call the least of society.

This is a book about the value of human life, and about the transformative power of friendship and compassion. Meeting Father Dave gives us hope that one person can make a difference and, …

Client Counseling Competition For Excellence In The Lawyering Process 1972–2013, Notre Dame Law School

Student, Faculty, and Staff Awards

Notre Dame Law School Client Counseling Competition

For Excellence in the Lawyering Process

Historical Development And Legal Basis, Mary O'Connell

Book Chapters

Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.

The History Of International Adjudication, Mary O'Connell, Lenore Vanderzee

Book Chapters

This chapter on the history of international adjudication will show that courts and tribunals have been part of international law since the emergence of modern international law with the rise of the state system in the mid-seventeenth century. Courts and their role within international law have also been a persistent part of the theoretical debates about the nature of international law. From an early emphasis on arbitration, support grew for the creation of courts with general compulsory jurisdiction. By the late twentieth century, the theoretical trend shifted toward interest in courts with special subject matter jurisdiction, including human rights, trade, …

The Prohibition Of The Use Of Force, Mary O'Connell

Book Chapters

From the Publisher
Chapter 4
This chapter concerns the central international legal rule against violence: Article 2(4) of the United Nations Charter. Article 2(4) generally prohibits the use of force by states. It is a treaty rule that is also widely regarded as a rule of customary international law and, indeed, in certain respects, as a peremptory rule or rule of jus cogens. Article 2(4) was adopted along with the rest of the Charter in 1945 after the catastrophe of the Second World War in which an estimated 60 million people died. Despite its relatively recent adoption, Article 2(4) …

The Confident Court, Jennifer Mason Mcaward

Journal Articles

Despite longstanding rules regarding judicial deference, the Supreme Court’s decisions in its October 2012 Term show that a majority of the Court is increasingly willing to supplant both the prudential and legal judgments of various institutional actors, including Congress, federal agencies, and state universities. Whatever the motivation for such a shift, this Essay simply suggests that today’s Supreme Court is a confident one. A core group of justices has an increasingly self-assured view of the judiciary’s ability to conduct an independent assessment of both the legal and factual aspects of the cases that come before the Court. This piece discusses …

Foreclosure Echo: How Abandoned Foreclosures Are Re-Entering The Market Through Debt Buyers, Judy Fox

Journal Articles

It is common knowledge that mortgage defaults increased steadily from 2006 through 2011. In some situations, lenders moved swiftly after default to foreclose the property; but for other homeowners the foreclosure process began and then stalled or was completely abandoned by the lender. The result of these abandoned foreclosures has been devastating to cities and consumers throughout the country. This article explores what is happening to homeowners caught up in the strange world of bank walkaways as the economy is beginning to improve. This second wave of collection activity, an echo of the original foreclosure crisis, could easily throw thousands …

Settled Versus Right: Constitutional Method And The Path Of Precedent, Randy J. Kozel

Journal Articles

Constitutional precedents give rise to a jurisprudential tug-of-war. On one side is the value of adhering to precedent and allowing the law to remain settled. On the other side is the value of departing from precedent and allowing the law to improve. In this Article, I contend that negotiating the tension depends on bridging the divide between constitutional precedent and interpretive method. My aim is to analyze the ways in which theories of precedent are, and are not, derivative of overarching methods of constitutional interpretation. I seek to demonstrate that although certain consequences of deviating from precedent can be studied …