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Ndls Update 11/2003-12/2003, Notre Dame Law School Nov 2003

Ndls Update 11/2003-12/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School Oct 2003

Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2006:

Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like.

This is an insider’s guide because it was written entirely by students. A group of volunteers have ...


Red Mass 2003, Notre Dame Law School Sep 2003

Red Mass 2003, Notre Dame Law School

The Red Mass

No abstract provided.


Red Mass Invitation 2003, Notre Dame Law School Sep 2003

Red Mass Invitation 2003, Notre Dame Law School

The Red Mass

Most Rev. John M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass committee requests the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students, and civil government officials at the Basilica of the Sacred Heart on Sunday September 28, 2003 at 10 AM.


Ndls Update 09/2003-10/2003, Notre Dame Law School Sep 2003

Ndls Update 09/2003-10/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Hoynes Code, The, Patricia A. O'Hara Aug 2003

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 The University Of Notre Dame The Law School 2003-04, Volume 99, Number 4, University Of Notre Dame Aug 2003

Bulletin Of The University Of Notre Dame The Law School 2003-04, Volume 99, Number 4, University Of Notre Dame

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


158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2003

158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

158th University of Notre Dame Commencement and Mass Program including Law School awards


Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia May 2003

Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia

Commencement Programs

Graduation Address by Professor Anthony J. Bellia Jr., Recipient of the 2003 Law School Distinguished Teacher Award.


Ndls Update 03/2003-04/2003, Notre Dame Law School Mar 2003

Ndls Update 03/2003-04/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford Jan 2003

Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford

Journal Articles

The focus of the article is the degree of deference that federal courts should confer on the decisions of international tribunals. The Supreme Court has suggested that respectful consideration should be given to international tribunal decisions, but absent further guidance, federal courts have haphazardly addressed the question of what effect to give to their judgments. What is needed is a methodology for deference. For the first time in scholarly literature this article proposes such a methodology for all international tribunals based on seven models that have been applied to different international tribunals and should be applied to dozens of others ...


Law Library Guide 2003–2004, Kresge Law Library, Research Services Department Jan 2003

Law Library Guide 2003–2004, Kresge Law Library, Research Services Department

Law Library Guide

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


Ndls Update 01/2003-02/2003, Notre Dame Law School Jan 2003

Ndls Update 01/2003-02/2003, Notre Dame Law School

NDLS Updates

No abstract provided.


Stare Decisis And Due Process, Amy Coney Barrett Jan 2003

Stare Decisis And Due Process, Amy Coney Barrett

Journal Articles

In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis ...


Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick Jan 2003

Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Desert Palace, Inc. v. Costa, 539 U.S. 90, 2003. The author expected the Court to clarify and define the circumstances in which it is appropriate to use the "mixed-motive model" to prove a violation of Title VII under the disparate treatment theory.


The Public-Use Question As A Takings Problem, Nicole Stelle Garnett Jan 2003

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote economic development. In Hawaii Housing Authority v. Midkiff, the Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that public use challenges are subject to rational basis review; so long as a taking can be justified by some conceivable public purpose, it will be upheld. Yet in recent years, a number of courts have put ...


Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza Jan 2003

Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza

Journal Articles

This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves.

Looking at ...


Just Do It: An Antidote To The Poison Pill, Julian Velasco Jan 2003

Just Do It: An Antidote To The Poison Pill, Julian Velasco

Journal Articles

The poison pill is the most powerful defense against hostile takeovers. It can render a company takeover-proof, or nearly so. Efforts at developing an antidote have focused largely on shareholder-adopted bylaws, but the legality of such proposals has been questioned by many. In any event, shareholder-adopted bylaws have not been very successful in eliminating poison pills thus far. In order to effect takeovers, hostile bidders cannot rely on the courts or the target company's shareholders; they can rely only on themselves. In this article, I propose a strategy for hostile bidders to counteract the poison pill and to consummate ...


The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin Jan 2003

The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin

Journal Articles

Recent revelations of cases in which Catholic priests have sexually abused minors over the course of the last five decades have drawn intense media scrutiny and public outrage. But discipline of the clergy for sexual offenses is not novel in the history of the Catholic Church, and canonical structures have long been in place to address the problem. This Article argues that the recent crisis has resulted in part from a failure to respect and enforce the relevant provisions of canon law. If bishops had fulfilled their duty to abide by the rule of law, especially in the cases involving ...


The American Influence On International Arbitration, Roger P. Alford Jan 2003

The American Influence On International Arbitration, Roger P. Alford

Journal Articles

It is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. In these remarks, Professor Alford addresses three issues related to the Americanization of international arbitration. The first is whether international arbitration has, in fact, only recently become Americanized. He posits instead that there is always an ebb and flow to the level of the United States' involvement in international arbitration. During the drafting and signing of the 1958 New ...


New Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett Jan 2003

New Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett

Journal Articles

Following the publication of Opportunities for Obtaining and Using Litigation Reserves and Disclosures, which highlighted the helpful information about litigation reserves that a litigator can often detect or discover from an opponent's financial statements, accounting books and records, tax returns, public filings with the Securities and Exchange Commission (the SEC), and auditor, two important regulatory developments occurred in early 2003 that create additional opportunities to obtain information about an opponent's assessments of (i) expected liability in the underlying case or (ii) obligations or settlements in similar cases. First, pursuant to the Sarbanes-Oxley Act of 2002, the SEC issued ...


Clerking For Scrooge, Barry Cushman Jan 2003

Clerking For Scrooge, Barry Cushman

Journal Articles

During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox ...


Is There A New World Court?, Douglass Cassel Jan 2003

Is There A New World Court?, Douglass Cassel

Journal Articles

No abstract provided.


Retribution: The Central Aim Of Punishment, Gerard V. Bradley Jan 2003

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Journal Articles

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand ...


Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October ...


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran Jan 2003

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

No abstract provided.


The Theological Case For Progressive Taxation As Applied To Diocesan Taxes Or Assessments Under Canon Law In The United States, Matthew J. Barrett Jan 2003

The Theological Case For Progressive Taxation As Applied To Diocesan Taxes Or Assessments Under Canon Law In The United States, Matthew J. Barrett

Journal Articles

Canon 1263 of the 1983 Code of Canon Law allows the diocesan bishop to impose taxes on the parishes in his diocese for diocesan needs. Canon 1263 requires that such taxes be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that canon 1263 also authorizes a progressive tax, which in this context would impose a higher tax rate on parishes with larger incomes. This article argues that Catholic social ...


"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza Jan 2003

"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza

Journal Articles

No abstract provided.


Lawyers And Biblical Prophets, Thomas L. Shaffer Jan 2003

Lawyers And Biblical Prophets, Thomas L. Shaffer

Journal Articles

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why.

The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity:

Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


Cultural Change And "Catholic Lawyers", Stephen Smith Jan 2003

Cultural Change And "Catholic Lawyers", Stephen Smith

Journal Articles

No abstract provided.