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.

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

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.

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.

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.

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 …

Law And Theology: Reflections On What It Means To Be Human From A Franciscan Perspective, John J. Coughlin

Journal Articles

When I was first asked in March of 2000 to speak at this conference on the topic of "law and theology," many thoughts crossed my mind. I could address: the role of religion in American political life, euthanasia, medieval canon law and theology, the death penalty, the Jewish origins of the Pauline perspective on law, the ethics of DNA experimentation, Muslim theology and law, the relation between Marxist political theory and Christian eschatology, or several other "light" issues. Upon second thought, perhaps a more straight-forward approach would be beneficial. I might review the plan of salvation history, and then as …

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 …

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Journal Articles

My name is Jim Schueller and I'm the Symposium Editor of the Law School Journal of Legislation and every two years we organize a symposium to discuss relevant issue of public policy and the topic this year is States Rights in the 21st Century.

Well, way back in the 18th century when the framers drafted the Constitution they created a unique system of governing where power was shared between the states which already existed and the newly created federal government. The framers in their day debated the proper allocation of power between these two governments and today, two hundred eleven …

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

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 …

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 …

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, …

A Tribute To A Friend And Colleague: Frank Beytagh, Fernand N. Dutile

Journal Articles

I am delighted to say a few words on this wonderful occasion honoring Professor Francis X. Beytagh. He and I became colleagues at Notre Dame in 1971. In twenty-nine years of friendship, Frank and Diane have shared with Brigid and me much joy—and significant sadness. Today's ceremony brims with joy, and Brigid and I are so pleased that we could be here to share joy yet again with Frank and Diane.

His intellectual depth and practical wisdom find consistent expression through his indefatigable devotion to mission. I have known many people with some of these qualities, but it is rare …

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 …