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Full-Text Articles in Law

Ndls Update 12/1997, Notre Dame Law School Dec 1997

Ndls Update 12/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 11/1997, Notre Dame Law School Nov 1997

Ndls Update 11/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 10/1997, Notre Dame Law School Oct 1997

Ndls Update 10/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 09/1997, Notre Dame Law School Sep 1997

Ndls Update 09/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Aug 1997

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program

Summer


Hoynes Code, The, David T. Link Aug 1997

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 1997-98, Volume 93, Number 5, Notre Dame Law School Jul 1997

Bulletin Of Information, University Of Notre Dame Law School 1997-98, Volume 93, Number 5, Notre Dame Law School

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

Security Information for Notre Dame Security/Police

Nondiscriminatory Policy


152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 1997

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program including Law School awards


Ndls Update 05/1997, Notre Dame Law School May 1997

Ndls Update 05/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 04/1997, Notre Dame Law School Apr 1997

Ndls Update 04/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 03/1997, Notre Dame Law School Mar 1997

Ndls Update 03/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 02/1997, Notre Dame Law School Feb 1997

Ndls Update 02/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Ndls Update 01/1997, Notre Dame Law School Jan 1997

Ndls Update 01/1997, Notre Dame Law School

NDLS Updates

No abstract provided.


Law Library Guide 1997–1998, Kresge Law Library, Research Services Department Jan 1997

Law Library Guide 1997–1998, 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 Faith And Legal Scholarship, Gerard V. Bradley Jan 1997

Catholic Faith And Legal Scholarship, Gerard V. Bradley

Journal Articles

No abstract provided.


The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick Jan 1997

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.


Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey Jan 1997

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Journal Articles

Modern economic analysis owes too much to the conceit of Bentham and his followers in their arrogant reliance on disembodied reason. In fact, they have "shaped the course of law reform" for large segments of the modern world; unfortunately, they "neglected all the complex social evolution which ... [went into] the making of... [that] world and individuals" in it; and for that "reason..., they considered that the study of history was a matter of minor importance." Bentham and his many followers too often tend to rely on a handful of assumptions and reason alone–coupled with a veneer of mathematics–to ...


"A Day In My Law Library Life," Circa 1997, Dwight B. King, Frank G. Houdek Jan 1997

"A Day In My Law Library Life," Circa 1997, Dwight B. King, Frank G. Houdek

Journal Articles

Contributors describe their lives as law librarians by recounting what they did during a single day at their jobs. Given the wide range of positions and libraries represented by the authors, the pieces collectively represent a snapshot - and a historical record - of the law library profession in 1997.


Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister Jan 1997

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Journal Articles

No abstract provided.


Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle Jan 1997

Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle

Journal Articles

No abstract provided.


The Secret Lives Of The Four Horsemen, Barry Cushman Jan 1997

The Secret Lives Of The Four Horsemen, Barry Cushman

Journal Articles

"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars ...


Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig Jan 1997

Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig

Journal Articles

Race to the bottom explanations of welfare policies suggest that the power to set welfare payouts should be assigned to the federal government. Such theories predict that states cut benefits levels when faced with an increased demand for welfare from welfare migrants. This Article's econometric study of the determinants of AFDC payouts finds no evidence that states react in this way. This suggests that states should be accorded the power to curtail welfare payments to new arrivals through residency requirements, an issue left as moot in Anderson v. Green.


Cercla's Mistakes, John C. Nagle Jan 1997

Cercla's Mistakes, John C. Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) confounds every theory of statutory interpretation. Congress hurriedly enacted CERCLA during the lame-duck period following the election of President Reagan and a Republican Senate majority in November 1980 but before they took office in January 1981. The resulting statute has been criticized for its apparently textual mistakes, sparse legislative history, conflicting purposes, and questionable public policy. Courts routinely complain about the difficulty of interpreting CERCLA under those circumstances. This article reviews several of the interpretive challenges presented by CERCLA, and suggests some broader implications for statutory interpretation more generally. CERCLA, hazardous ...


In Memory Of Professor John Broderick, Thomas F. Broden Jan 1997

In Memory Of Professor John Broderick, Thomas F. Broden

Journal Articles

No abstract provided.


A Twentieth Amendment Parable, John C. Nagle Jan 1997

A Twentieth Amendment Parable, John C. Nagle

Journal Articles

The twentieth amendment receives virtually no attention in modern American constitutional law. Adopted in 1933, the primary purpose of the amendment was to eliminate lame-duck Congresses. The proponents of the amendment argued that lame-ducks were subject to nefarious influences and that allowing lame-duck legislation contradicted the voice of the people in the most recent election. But the text of the twentieth amendment simply moved the date on which the newly elected President and Congress took office from March to January, and does not expressly prohibit lame-duck legislation. The framers of the amendment could not conceive of Congress meeting during the ...


Congressional Control Over Federal Court Jurisdiction: A Defense Of The Traditional View, Julian Velasco Jan 1997

Congressional Control Over Federal Court Jurisdiction: A Defense Of The Traditional View, Julian Velasco

Journal Articles

The extent of Congress's authority to control the jurisdiction of the federal courts has been the subject of unending academic debate. The orthodox view long has been that Congress possesses nearly plenary authority to restrict federal court jurisdiction. There has been no shortage, however, of commentators who have taken exception to that view. The heart of the debate lies in whether Congress is authorized to remove specific subjects from the jurisdiction of federal courts when motivated by hostility to their substantive decisions. According to the traditional view, Congress is free to use its power in this manner. While most ...


Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes Jan 1997

Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes

Journal Articles

This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to ...


Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile Jan 1997

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Journal Articles

No abstract provided.


Good Of Marriage And The Morality Of Sexual Relations, John M. Finnis Jan 1997

Good Of Marriage And The Morality Of Sexual Relations, John M. Finnis

Journal Articles

This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Aquinas, Grisez, Noonan, and Koppelman.


Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurule Jan 1997

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurule

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their ...