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Report Of The Dean 1965–1966, Joseph O'Meara

1952–1968: Joseph O'Meara

Dean Joseph O'Meara summarizes and comments upon the 1965–1966 academic year at Notre Dame Law School. Topics include: the student body, student activities—including bar examination results—housing, program of instruction, faculty, special events, law library, law building, the Natural Law Institute, the Notre Dame Law Association, the Advisory Council, and faculty publications.

121st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

121st University of Notre Dame Commencement and Mass Program

Bulletin Of The University Of Notre Dame The Law School 1966–67, Volume 63, Number 3, University Of Notre Dame

Bulletins of Information

The Notre Dame Law School, established in 1869, is the oldest Catholic law school in the United States. In keeping with its character as a national law school, the program of instruction is designed to equip a student to practice law in any jurisdiction; and the School numbers among its graduates members of the bar in every state of the Union. It is approved by the American Bar Association and is a member of the Association of American Law Schools.

PURPOSE

Drawing inspiration, as it does, from the Christian tradition, The Law School, while aiming first of all at technical …

Nonestate Planning, Thomas F. Shaffer

Journal Articles

This article proposes and explains a will form for the young and promising, but presently impecunious, Calvin Knox. He is called a "junior executive" by appliance dealers, and his property is called an "estate" by his flatterers. He is really a middle-class, white-collar worker; and what he really has is a nonestate of children and debts.

This article is intended to stimulate argument. Nobody ever argues about Calvin Knox's nonestate. Nobody ever 'discusses' him in public. Practicing lawyers who can afford to write about "estate planning" pay no attention to him. Bar association panels and slick-paper journals leave him to …

Bias In Housing: Toward A New Approach, Charles E. Rice

Journal Articles

The problem of racial discrimination in housing is the product of several factors. Among these is racial prejudice on the part of private land owners, real estate brokers, builders and mortgage finance institutions.

Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers

Journal Articles

IN A SYMPOSIUM held at the Notre Dame Law School on February 29, 1964, on several constitutional amendments designed to limit the power of the Supreme Court, Professor Philip B. Kurland of the University of Chicago Law School read a terse and delightfully witty paper in which he compared the Supreme Court to Caesar, sieged on the one side by the modem forces of Brutus, and championed on the other side by the contemporary Mark Antonys. There was no doubt in Professor Kurland's mind that the efforts of conspirators like the Council of State Governments, not to mention its less …

Federal Public-Accommodations Law: A Dissent, Charles E. Rice

Journal Articles

Discrimination in public accommodations presents the most appealing case for compulsory civil-rights legislation. In practical terms, the Civil Rights Act of 1964 has eliminated much of the existing segregation in public accommodations, and, with continued enforcement, the job should be soon completed even in the most hostile areas of the South. The public-accommodations problem, therefore, is no longer a live issue. It is useful, however, to touch upon it, for those who would restrain federal power are often challenged by the taunt, "What would you do about public accommodations? Would you leave it up to the states? How would you …

Reflections On Professor Chroust's The Rise Of The Legal Profession In America, Donald P. Kommers

Journal Articles

A review of Anton-Herman Chroust’s 1965 study on lawyers and the status of the legal profession in the United States from early colonial days to 1830.

Though the review praises the wealth of facts and detail in the work it argues that Chroust is more interested in glorifying the early American legal profession rather than analyzing the conditions for its growth. It also contends that Chroust does not organize his material according to a coherent theory or conceptual scheme. The review, in addition, asserts that Chroust focuses too much on the pious and self-righteous rhetoric lawyers at the time, assuming …

A Role For Law Schools In Oeo's Legal Services Program, Thomas F. Broden

Journal Articles

A breath of fresh air has blown into many law schools because of the national antipoverty program in general and the Legal Services Program of the Office of Economic Opportunity (OEO) in particular. The antipoverty program has quickened the consciences of many legal educators who for the first time clearly see how little they have done to focus attention on the legal problems of the poor.

The main focus of legal education has been on the typical problems of paying clients. Consequently, there has been little effort to teach law as a helpful instrumentality for the indigent except perhaps in …

Fiduciary Power To Compromise Claims, Thomas L. Shaffer

Journal Articles

The sorry state of fiduciary administrative powers in American trust law is an old but healing wound. Our English brothers, who began repair on a similar lesion in the nineteenth century, are still well ahead of us. A few state legislatures poured on balm of varying degrees of efficacy years ago, but they were not many. The Commissioners on Uniform State Laws seemed to promise a cure in the early 1930's, then abandoned the effort for a generation. They have lately returned to their patient, and the Uniform Trustees' Powers Act shows promise of increasing adoption. The incorporation-by-reference treatment is …

Capital Gains Distributions Treated As Principal Under The Uniform Principal And Income Act, James H. Seckinger

Journal Articles

In In re Brock, The Supreme Court of Pennsylvania held: a distribution made by a mutual fund or regulated investment company, the source of which distribution is "realized capital gains," is properly allocable to principal under section 5(3) rather than section 5(1) of the Pennsylvania Principal and Income Act of 1947.

A typical mutual fund is an open-end diversified management investment company. Its business is to select, buy, hold, and sell corporate stocks and other securities. The fund's income is twofold. It derives income from interest and dividends on the securities in its portfolio and gains or profits from advantageous …

The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice

Journal Articles

In summary, it is fair to say that to regard the rule of the Judd case as retaining its original vitality would be to lend undue credence to an erroneous construction of the 1938 amendment to Section 3 of Article XI of the New York State Constitution. For, although that amendment provided only for transportation of pupils, it should be construed in its true light as a reaction to the Judd decision which called it forth. As such it specifically validated only the provision of transportation which the legislature had enacted in 1936 and which the Judd Court had nullified. …

Voting Rights Act Of 1965: Some Dissenting Observations, Charles E. Rice

Journal Articles

On March 7, 1966, the Supreme Court of the United States, over the partial dissent of Mr. Justice Black, sustained the Voting Rights Act of 1965. In the mode of its adoption, the reach of its provisions, and the strength of the reactions it aroused, the act was extraordinary. And the decision which sustained it was no less so in its legitimation of expanded administrative power and in its effect upon the balance of federal and state powers. In order to assess the act, and incidentally the ruling which sustained it, it will be helpful to sketch the basic voting …

A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes

Journal Articles

Among the recommendations adopted by the Canon Law Society of America at its last annual meeting was one for bringing the insights of legal traditions besides the Roman to bear on the canonical system. The following suggestions are derived from the insights of my tradition, the common law tradition. That aspect of the common law tradition that I believe has most to contribute to the development of the canon law is concerned not so much with the particular rules of law as with the basic techniques of legal analysis. The common law tradition of legal analysis, as it has been …

Computation Of Future Damages: A View From The Bench, William Burns Lawless

Journal Articles

At the turn of the century the United States Supreme Court held that a common-law action could not be maintained in a court of the United States against a Mexican railroad, incorporated in Colorado, for the wrongful death in Mexico of an American switchman. Mr. Justice Holmes, writing for the majority, said that the American court should refuse to administer a Mexican statutory rule of damages which provided compensation in the form of scheduled, periodic payments instead of the lump-sum award traditional to American jury verdicts.

While the case is of primary interest for students of conflict of laws, it …

Review Of Drafting A Union Contract By Leroy Marceau, Joseph O'Meara

Journal Articles

The distinguished and experienced labor law counsel to the Standard Oil Company of New Jersey has written an amazingly detailed reference work dealing with the mechanics of drafting collective bargaining agreements. The book is almost free of substantive references. Its approach to the problem of drafting a collective bargaining agreement is not unlike that taken to composition in general by William Strunk, Jr.'s famous The Elements of Style.

Drafting a Union Contract is detailed beyond expectation, perhaps beyond necessity. It is an excellent primer for anyone setting out to become a draftsman of sizeable legal documents, whether labor agreements or …