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Full-Text Articles in Law

Ndls Update 12/1993, Notre Dame Law School Dec 1993

Ndls Update 12/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 11/1993, Notre Dame Law School Nov 1993

Ndls Update 11/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 10/1993, Notre Dame Law School Oct 1993

Ndls Update 10/1993, Notre Dame Law School

NDLS Update

No abstract provided.


The Dean's Report: The Law School: 1992–93 Academic Year, David T. Link Sep 1993

The Dean's Report: The Law School: 1992–93 Academic Year, David T. Link

1975–1999: David T. Link

Dean David Link provides a description of the state of Notre Dame Law School as it closes the 1992–1993 academic year. The elements covered in his report include: administration, faculty, students, general, and priorities. Supplementary reports are included from the Notre Dame Law Review, the Kresge Law Library, the National Institute for Trial Advocacy, the White Center on Law and Government, the London Law Program, the Summer London Law Program, the Journal of College and University Law, and the Journal of Legislation.


Ndls Update 09/1993, Notre Dame Law School Sep 1993

Ndls Update 09/1993, Notre Dame Law School

NDLS Update

No abstract provided.


148th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Aug 1993

148th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

148th University of Notre Dame Commencement and Mass Program

Summer


Hoynes Code, The, David T. Link Aug 1993

Hoynes Code, The, David T. Link

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.


Bulletin Of Information, University Of Notre Dame Law School 1994–95, Volume 89, Number 5, Notre Dame Law School Aug 1993

Bulletin Of Information, University Of Notre Dame Law School 1994–95, Volume 89, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Programs

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Professional Staff

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy O'Neill Chair in Law

Robert E. and Marion D. Short Chair in Law

The Paul Schier Chair in Legal Ethics

The Concannon Program of …


Ndls Update 08/1993, Notre Dame Law School Aug 1993

Ndls Update 08/1993, Notre Dame Law School

NDLS Update

No abstract provided.


148th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 1993

148th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

148th University of Notre Dame Commencement and Mass Program including Law School awards


Ndls Update 05/1993, Notre Dame Law School May 1993

Ndls Update 05/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 04/1993, Notre Dame Law School Apr 1993

Ndls Update 04/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 03/1993, Notre Dame Law School Mar 1993

Ndls Update 03/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 02/1993, Notre Dame Law School Feb 1993

Ndls Update 02/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 01/1993, Notre Dame Law School Jan 1993

Ndls Update 01/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Law Library Guide 1993–1994, Kresge Law Library, Research Services Department Jan 1993

Law Library Guide 1993–1994, Kresge Law Library, Research Services Department

Law Library Guide

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


Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza Jan 1993

Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza

Journal Articles

The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …


"Mastering The Lawless Science Of Our Law": A Story Of Legal Citation Indexes, Patti J. Ogden Jan 1993

"Mastering The Lawless Science Of Our Law": A Story Of Legal Citation Indexes, Patti J. Ogden

Journal Articles

Ms. Ogden presents a history of American legal citation indexes, covering early nineteenth-century attempts, the development of modern citator systems by Frank Shepard and others, online citation systems, and the potential for future improvements in an essential tool of legal research.


Severability, John C. Nagle Jan 1993

Severability, John C. Nagle

Journal Articles

When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.

This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when …


The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis Jan 1993

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis

Journal Articles

These reflections focus on three members (one professor and two alumni) of my Oxford college. Though University College officially bears the name The Great Hall of the University of Oxford, it is only one of that university's 30 colleges, and not a particularly large one-only about 450 students and teaching fellows like myself. My title's focus on one named law professor may already seem narrow. How then, you may wonder, can adding two more names from the same little institution in England make this lecture less parochial, and more relevant to Southern Illinois?


The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford Jan 1993

The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford

Journal Articles

Last year in the pages of this journal I published an article comparing the United States and the European Union (E.U.) approaches to the extraterritorial application of antitrust laws. In discussing the U.S. approach, I predicted that "while the jurisdictional rule of reason has its weaknesses, it will remain a lasting fixture on the legal landscape precisely because it represents the only genuine, though inexact, attempt by courts to fashion a jurisdictional test which incorporates the legitimate sovereignty interests of foreign nations." Thus, it was with disappointment that I, along with other proponents of a jurisdictional rule of reason, received …


Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer Jan 1993

Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer

Journal Articles

The legal education establishment in the United States some time ago gave up discouraging religiously affiliated law schools. Its support for them now, however, is conditioned on their approaching religious affiliation in a manner that is seen as consistent with the dominant American attitude toward religion—that religion is a private affair and that public moral issues, including issues of jurisprudence and professional ethics, are secular issues, to be talked about in secular language, pursuant to secular principles, and in a secular style.

I begin here by considering the requirement of the American Bar Association, in its Standards for the Approval …


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver Jan 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

In New York Times Co. v. Sullivan, the United States Supreme Court extended First Amendment guarantees to defamation actions. Many greeted the Court's decision with joy. After the decision, many years elapsed during which "there were virtually no recoveries by public officials in libel actions."

The most important component of the New York Times decision was its "actual malice" standard. This standard provided that, in order to recover against a media defendant, a public official must demonstrate that the defendant acted with "malice." In other words, the official must show that the defendant knew that the defamatory statement was false …


Does Sec Rule 10b-5 Provide An Implied Private Right Of Action For Aiding And Abetting Securities Fraud?, Matthew J. Barrett Jan 1993

Does Sec Rule 10b-5 Provide An Implied Private Right Of Action For Aiding And Abetting Securities Fraud?, Matthew J. Barrett

Journal Articles

This case concerns the civil liability of persons who aid and abet securities fraud in violation of federal law. First, the Supreme Court will decide if federal securities law recognizes an implied private right of action against those who aid and abet securities fraud. Second, if the Court concludes that there is a private right of action, it is asked to decide if recklessness satisfies the mental-state requirement which lower courts have held is a prerequisite for imposing civil liability.


Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein Jan 1993

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein

Journal Articles

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Jan 1993

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …


Book Review, G. Marcus Cole Jan 1993

Book Review, G. Marcus Cole

Journal Articles

G. Marcus Cole provides a thorough review of Towards a Post-Apartheid Future: Political & Economic Relations in Southern Africa by Gavin Maasdorp & Alan Whiteside (New York: St. Martin's Press, 1992).


Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas Jan 1993

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.


Antitrust And Sports: Must Competition On The Field Displace Competition In The Market?, Joseph P. Bauer Jan 1993

Antitrust And Sports: Must Competition On The Field Displace Competition In The Market?, Joseph P. Bauer

Journal Articles

A casual glance at the daily newspapers would suggest that athletes and sports teams spend almost as much time squaring off in the courts as they do on the playing fields. Professional football players complain that the teams for which they play and the National Football League have conspired to impose illegal restraints on their ability to offer their services to other teams. A baseball team went to court to challenge the decision by the now-deposed Commissioner of Baseball to shift it from one division to another. College players, coaches, and universities all contend that various rules imposed by the …


New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver Jan 1993

New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver

Journal Articles

In an effort to explore conflicting views of the New York Times decision, this article compares how the British media functions under Britain's more restrictive defamation laws with how the US media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decision-making.