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Red Mass 2005, Notre Dame Law School Oct 2005

Red Mass 2005, Notre Dame Law School

The Red Mass

No abstract provided.


Red Mass Invitation 2005, Notre Dame Law School Oct 2005

Red Mass Invitation 2005, 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 request 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, October 2, 2005 at 10 AM The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.


Irish Law 2005, Notre Dame Law School Oct 2005

Irish Law 2005, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2008, Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also ...


Hoynes Code, The, Patricia A. O'Hara Aug 2005

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.

The Notre Dame Law School Honor Code is included as Appendix A.


Bulletin Of The University Of Notre Dame The Law School 2005-06, Volume 101, Number 4, University Of Notre Dame Aug 2005

Bulletin Of The University Of Notre Dame The Law School 2005-06, Volume 101, 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


160th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2005

160th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

160th University of Notre Dame Commencement and Mass Program including Law School awards

May 13-15, 2005


Professor Jay Tidmarsh Commencement Address, Jay Tidmarsh May 2005

Professor Jay Tidmarsh Commencement Address, Jay Tidmarsh

Commencement Programs

Professor Jay Tidmarsh, who had been selected as Law School Distinguished Teacher, addressed the graduates; his remarks follow.


Law Library Guide 2005–2006, Kresge Law Library, Research Services Department Jan 2005

Law Library Guide 2005–2006, Kresge Law Library, Research Services Department

Law Library Guide

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


When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2005

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights ...


In The Mountain/Green Eggheads And Old Hams, Thomas L. Shaffer Jan 2005

In The Mountain/Green Eggheads And Old Hams, Thomas L. Shaffer

Journal Articles

No abstract provided.


Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead Jan 2005

Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead

Journal Articles

The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But ...


Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall Jan 2005

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Journal Articles

No abstract provided.


Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick Jan 2005

Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case IBP, Inc. v. Alvarez, 546 U.S. 21 (2005). The issues raised in that case were: Is the time employees spend walking and waiting in line during the process of donning and doffing required safety equipment considered compensable work such that employers must pay them for that time?


The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead Jan 2005

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead

Journal Articles

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels ...


Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett Jan 2005

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Journal Articles

No abstract provided.


Arbitrating Human Rights, Roger P. Alford Jan 2005

Arbitrating Human Rights, Roger P. Alford

Journal Articles

The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor - the sovereign - is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, it may ...


Relocating Disorder, Nicole Stelle Garnett Jan 2005

Relocating Disorder, Nicole Stelle Garnett

Journal Articles

Judicial challenges to order-maintenance policing apparently are leading some city officials to adapt the tools of property regulation to a task traditionally reserved for the police - the control of disorderly people. Examples of efforts to regulate disorder, ex ante, through land-management strategies include homeless campuses that centralize housing and social services, neighborhood exclusion zone policies that empower local officials to exclude disorderly individuals from struggling communities, and the selective targeting of inner-city neighborhoods for aggressive property inspections. These tactics employ different management techniques - some concentrate disorder and others disperse it - but they have same goal: to relocate urban disorder from ...


A Tribute To Frederic L. Kirgis, Thomas L. Shaffer Jan 2005

A Tribute To Frederic L. Kirgis, Thomas L. Shaffer

Journal Articles

No abstract provided.


Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin Jan 2005

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

No abstract provided.


Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell Jan 2005

Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell

Journal Articles

Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing ...


Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell Jan 2005

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against ...


Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett Jan 2005

Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett

Journal Articles

In Roberts v. United States Jaycees, the Supreme Court reversed Judge Richard S. Arnold's decision for the Court of Appeals and held­ - without dissent - that the First Amendment did not shield the Jaycees' men-only membership policy from the non-discrimination requirements of the Minnesota Human Rights Act. The claim in this essay is that Judge Arnold's position and decision in the Jaycees case deserved, and still deserve, more thoughtful and sympathetic treatment. Even some of Judge Arnold's many friends and fans tend to treat as something of an embarrassing lapse or anomalous error his conclusion in that case ...


State Courts And The Making Of Federal Common Law, Anthony J. Bellia Jan 2005

State Courts And The Making Of Federal Common Law, Anthony J. Bellia

Journal Articles

The authority of federal courts to make federal common law has been a controversial question for courts and scholars. Several scholars have propounded theories addressing primarily whether and when federal courts are justified in making federal common law. It is a little-noticed phenomenon that state courts, too, make federal common law. This Article brings to light the fact that state courts routinely make federal common law in as real a sense as federal courts make it. It further explains that theories that focus on whether the making of federal common law by federal courts is justified are inadequate to explain ...


Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley Jan 2005

Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley

Journal Articles

Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house ...


Statutory Stare Decisis In The Courts Of Appeals, Amy Coney Barrett Jan 2005

Statutory Stare Decisis In The Courts Of Appeals, Amy Coney Barrett

Journal Articles

The Supreme Court has long given its cases interpreting statutes special protection from overruling. Two rationales exist for this practice. One line of thought interprets congressional silence following the Supreme Court's interpretation of a statute as approval of that interpretation. According to this way of thinking, a refusal to overrule statutory precedent is a refusal to veer from an interpretation that Congress has effectively approved. Another line of thought emphasizes that statutory interpretation inevitably involves policymaking, and that policymaking is an aspect of legislative, rather than judicial, power. According to this second way of thinking, the Supreme Court should ...


The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna Jan 2005

The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna

Journal Articles

Legal protection against unauthorized commercial uses of an individual's identity has grown significantly over the last fifty years as it has relentlessly pursued economic value. It was forced to focus on value because a false distinction between the harms suffered by private citizens and celebrities seemingly left celebrities without a privacy claim for commercial use of their identities. But the normative case for awarding individuals the economic value of their identity is weak, since celebrities do not need additional incentive to invest in either their native skill or in developing a persona. Still, while the prevailing justification is inadequate ...


The Spiritual Values Of Wilderness, John C. Nagle Jan 2005

The Spiritual Values Of Wilderness, John C. Nagle

Journal Articles

The Wilderness Act of 1964 is the principal legal mechanism for preserving wilderness in the United States. The law now protects over 100 million acres of federal land, half of which is in Alaska. Yet the contested meaning of the term wilderness continues to affect the management of those wilderness areas, and the designation of additional lands as wilderness areas. Much current thinking about wilderness emphasizes the ecological and recreational interests that Congress cited when it enacted the law. These justifications for wilderness preservation are important, but they are incomplete. They are best supplemented by a better understanding of the ...


Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead Jan 2005

Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead

Journal Articles

The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly ...


Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel Jan 2005

Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel

Journal Articles

No abstract provided.


The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett Jan 2005

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Journal Articles

As part of a symposium marking the seventieth anniversary of the creation of the Securities and Exchange Commission, this article pulls together two threads, namely Luca Pacioli's prominence in accounting and the importance of the Management's Discussion and Analysis (MD&A) requirements that seek to give investors an opportunity to view a public company through the eyes of management, to evaluate the SEC's record on certain accounting issues. Because writers in legal journals have largely ignored Pacioli's efforts, the article begins by highlighting some of the friar's contributions to accounting precepts. The article next applies some of those precepts in a critique of the SEC's record on accounting issues. Using this discussion as a springboard, the article then offers additional reflections regarding the SEC's reliance, sometimes via congressional direction or acquiescence, on private-sector bodies to establish accounting principles and standards governing audits of public companies; the SEC's leadership regarding the MD&A requirements, most notably through an administrative action against Caterpillar, Inc.; the SEC's initiatives on internal controls; and auditor independence. After identifying particular accomplishments in most of these areas notwithstanding often inadequate resources, the article concludes that the failure to safeguard auditor independence stands as the SEC's most glaring weakness during its first seventy years.