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Articles 1 - 30 of 37
Full-Text Articles in Law
Ndls Update 12/1997, Notre Dame Law School
Ndls Update 11/1997, Notre Dame Law School
Ndls Update 10/1997, Notre Dame Law School
Ndls Update 09/1997, Notre Dame Law School
Hoynes Code, The, David T. Link
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.
152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
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
Bulletin Of Information, University Of Notre Dame Law School 1997–98, Volume 93, Number 5, Notre Dame Law School
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
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
Ndls Update 04/1997, Notre Dame Law School
Ndls Update 03/1997, Notre Dame Law School
Ndls Update 02/1997, Notre Dame Law School
Ndls Update 01/1997, Notre Dame Law School
Law Library Guide 1997–1998, Kresge Law Library, Research Services Department
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.
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 …
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Journal Articles
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?
The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Journal Articles
Should the young professional's spouse get some share in a newly acquired career while the young military officer's will not? Does the division between alimony and property make any sense, given no-fault divorce? Is reimbursement for lost career opportunities plus a share in the couple's tangible property fair compensation for a divorcing spouse? Such difficult questions frame this piece, which will also—and I believe necessarily—digress into the nature of marriage, the duties of parenting, and modern divorce philosophy.
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
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.
The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis
The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis
Journal Articles
This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Acquinas, Grisez, Noonan, and Koppelman.
The Secret Lives Of The Four Horsemen, Barry Cushman
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
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.
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
Journal Articles
The title of this Lecture is from Harper Lee's novel To Kill a Mockingbird. The occasion for the proposition is when the smalltown southern gentleman-lawyer Atticus Finch is given an opportunity to lie to protect his son from harm. He refuses. He says that the most important thing he has for his son is not protection but integrity. He says, "I can't live one way in town and another way in my home. "
The separation of town from home is an old one in the history of lawyers in America. When you trace the nineteenth-century development of legal ethics, …
Catholic Faith And Legal Scholarship, Gerard V. Bradley
Catholic Faith And Legal Scholarship, Gerard V. Bradley
Journal Articles
The most obvious and the most personally important way in which scholarship reflects faith knows no distinction between Protestants and Catholics. For all of us who are Christians, the life of the scholar is our vocation, our contribution to the building of the Kingdom, our share in the church's mission. We did not just stumble upon this life of scholarship, or choose it because it is interesting, exciting, or fun (though sometimes it is). Rather, we discerned through prayerful reflection upon our gifts, our opportunities, and the needs of our communities that God called us to serve others by striving …
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Journal Articles
At the entrance to St. Mary's College, a part of the University of St. Andrews in Scotland, one encounters the opening words of the Gospel of St. John: "In principio erat verbum." Eschewing the usual translation, students there irreverently render the passage thus: "The Principal has the last word." The existence of the position of Principal in a university and the substantial power of that official cause only part of the fascination experienced by the American observer of universities in Scotland. This article will assess, from an American perspective, the law and governance affecting the resolution of academic and disciplinary …
Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes
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 seal …
Good Of Marriage And The Morality Of Sexual Relations, John M. Finnis
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.
Delaware & Hudson Revisited, John C. Nagle
Delaware & Hudson Revisited, John C. Nagle
Journal Articles
Four score and eight years ago, the Supreme Court decided United States v. Delaware & Hudson Co., a little remembered case holding that a federal statute prohibited railroads from shipping coal that they own across state lines. The statute at issue seemed to bar any railroad company from transporting any article that it had produced, but a group of Pennsylvania railroads objected that the statute violated numerous provisions of the Constitution. The Court dodged those constitutional questions by reading the Act narrowly to apply only if the railroad still owned the coal at the time of shipment. Justice Edward White …
Congressional Control Over Federal Court Jurisdiction: A Defense Of The Traditional View, Julian Velasco
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 traditionalists …
A Twentieth Amendment Parable, John C. Nagle
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 …
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Journal Articles
The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).
For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …