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Hoynes Code, The, Patricia A. O'Hara Nov 2007

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.


Irish Law 2007, Notre Dame Law School Oct 2007

Irish Law 2007, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2010, 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 Notrt;: Dame Law School. We also ...


University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School Oct 2007

University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School

About the Law School

Notre Dame Law School is like no other:

I say this from experience as an alumna, professor, and Dean. I believe that the Law School's unique character comes not only from famous campus buildings or the immediate public recognition of our name, but also from faculty and students who collectively dedicate themselves to the highest ethical and moral standards in the pursuit of justice. Thus is born "a different kind of lawyer." At Notre Dame, we strive to be a place where students and faculty who are interested in the integration of faith and reason, whether they are Catholics ...


Red Mass Invitation 2007, Notre Dame Law School Sep 2007

Red Mass Invitation 2007, 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, September 9, 2007 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.


Bulletin Of The University Of Notre Dame The Law School 2007-08, Volume 103, Number 4, University Of Notre Dame Aug 2007

Bulletin Of The University Of Notre Dame The Law School 2007-08, Volume 103, 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


University Of Notre Dame Law School Diploma Ceremony, University Of Notre Dame, Notre Dame Law School May 2007

University Of Notre Dame Law School Diploma Ceremony, University Of Notre Dame, Notre Dame Law School

Commencement Programs

Notre Dame Law School Diploma and Hooding Ceremony


162nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2007

162nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

162nd Commencement and Mass Program

Saturday, May 19, 2007


Associate Professor Jennifer Mason Mcaward Commencement Address, Jennifer Mason Mcaward May 2007

Associate Professor Jennifer Mason Mcaward Commencement Address, Jennifer Mason Mcaward

Commencement Programs

Notre Dame Law School Commencement Speech

JENNIFER M. MASON

ASSOCIATE PROFESSOR OF LAW


University Of Notre Dame - The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School Jan 2007

University Of Notre Dame - The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School

About the Law School

COMMITTED TO THE CONNECTION BETWEEN THE WORLD AND THE LAW. . . 4

COMMITTED TO THE CONNECTION BETWEEN FAITH AND PRACTICE. . . . . . . 6

COMMITTED TO EXCELLENCE IN ACADEMICS . . . . . . . . . . . . . . . . . . . . . . . . . 8

Academic Programs

Juris Doctor (J.D.) Curriculum

Academic Life

An Ethics-Rich Curriculum

Dual-Degree Programs

Law Journals

The Kresge Law Library

COMMITTED TO A GLOBAL PERSPECTIVE OF THE LAW . . . . . . . . . . . . . . . . 12

Programs in International Law

LL.M. Program in International Law

COMMITTED TO THE PURSUIT OF HUMAN RIGHTS .................... 16

LL.M. Program

J.S.D. Program

COMMITTED TO EXCELLENCE IN ADVOCACY......................... 18

COMMITTED TO SERVICE OF THOSE IN NEED. . . . . . . . . . . . . . . . . . . . . . . . 22

COMMITTED TO CONNECTING THOSE WHO CAME ...


Law Library Guide 2007–2008, Kresge Law Library, Research Services Department Jan 2007

Law Library Guide 2007–2008, Kresge Law Library, Research Services Department

Law Library Guide

No abstract provided.


What's On Your Mind? Imputing Motive In A Title Vii Case, An Analysis Of Bci Coca-Cola Bottling Co. V. Eeoc, Barbara J. Fick Jan 2007

What's On Your Mind? Imputing Motive In A Title Vii Case, An Analysis Of Bci Coca-Cola Bottling Co. V. Eeoc, Barbara J. Fick

Journal Articles

This article examines the case E.E.O.C. v. BCI Coca-Cola Bottling Co. of Los Angeles, which was scheduled for argument before the Supreme Court, but was dismissed before that argument occurred.


Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny Jan 2007

Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny

Journal Articles

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the ...


On Hart's Ways: Law As Reason And As Fact, John M. Finnis Jan 2007

On Hart's Ways: Law As Reason And As Fact, John M. Finnis

Journal Articles

This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a ...


Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead Jan 2007

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

Journal Articles

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over ...


Grasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Histoshi Mayer Jan 2007

Grasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Histoshi Mayer

Journal Articles

The rule that charities are not allowed to intervene in political campaigns has now been in place for over fifty years. Despite uncertainty about the exact reasons for Congress' enactment of it, skepticism by some about its validity for both constitutional and public policy reasons, and continued confusion about its exact parameters, this rule has survived virtually unchanged for all of those years. Yet while overall noncompliance with the income tax laws has drawn significant scholarly attention, few scholars have focused on violations of this prohibition and the IRS' attempts to enforce it.

This Article focuses on the elusive issue ...


Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett Jan 2007

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Journal Articles

Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in any ...


Planning As Public Use?, Nicole Stelle Garnett Jan 2007

Planning As Public Use?, Nicole Stelle Garnett

Journal Articles

This short Essay explores the Supreme Court's suggestion in Kelo v. New London that public, participatory planning may be a constitutional safe harbor that separates impermissible private takings from presumptively valid public ones. After briefly reviewing the Court's discussion of the planning that preceded the Kelo litigation, the Essay examines how Kelo's emphasis on planning departs from standard rational basis review of economic policies and asks what such a departure means for future public-use litigants. The Essay then explores three possible practical benefits of a constitutional rule that encourages the government to engage in detailed planning before ...


The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia Jan 2007

The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia

Journal Articles

Article III of the Constitution provides that the judicial Power of the United States extends to all cases arising under the Constitution, laws, and treaties of the United States. What the phrase arising under imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III arising under jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of arising under jurisdiction. Second, it explains how participants in the framing and ratification of the Constitution understood arising ...


Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia Jan 2007

Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia

Journal Articles

In his paper "International Human Rights in American Courts," Judge Fletcher concludes that Sosa v. Alvarez-Machain “has left us with more questions than answers.” Sosa attempted to adapt certain principles belonging to the "general law" to a post-Erie positivistic conception of common law while maintaining fidelity to certain historical expectations. “[I]t would be unreasonable,” the Court thought, “to assume that the First Congress would have expected federal courts to lose all capacity to recognize enforceable international norms simply because the common law might lose some metaphysical cachet on the road to modern realism.” The Court was unwilling, however ...


Property In-Laws, Nicole Stelle Garnett Jan 2007

Property In-Laws, Nicole Stelle Garnett

Journal Articles

No abstract provided.


Form, Function, And Justiciability, Anthony J. Bellia Jan 2007

Form, Function, And Justiciability, Anthony J. Bellia

Journal Articles

No abstract provided.


Grounds Of Law And Legal Theory: A Response, John M. Finnis Jan 2007

Grounds Of Law And Legal Theory: A Response, John M. Finnis

Journal Articles

Linking theses of Plato, Wittgenstein and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose(s) and, in the case of theory about human affairs - theory adequately attentive to the four irreducible orders in which human persons live and act - upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy (centrality) is to be accorded (by acknowledgement, not fiat) to purposes which are, as best the theorist can judge, reasonable and fit to be adopted by anyone, the theorist included. Section II defends the reasonableness ...


Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau Jan 2007

Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau

Journal Articles

The article discusses the author's view on the works and beliefs of Robert E. Rodes Jr. He considered faith and professional life as the powerful link on Rodes works and cited three points of reflection on the matter which includes on Rodes' concept of "Pilgrim Law" that has been influential on the author's works, thinking about the relationship between the professional roles of a lawyer and a call to a lived Christian faith. He believed that the Rodes' book "Pilgrim Law" took a formidable task on extending the principles of the theology of liberation to American jurisprudence and ...


The Gift Of Milner Ball, Thomas L. Shaffer Jan 2007

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

No abstract provided.


Taking Shareholder Rights Seriously, Julian Velasco Jan 2007

Taking Shareholder Rights Seriously, Julian Velasco

Journal Articles

The great corporate scandals of the recent past and the resulting push for legal reform have revived the role of the shareholder in the corporation as a subject of great debate. Those who favor an expanded role for shareholders in corporate governance tend to focus on developing new legal rights for shareholders, and their critics respond with reasons why such rights are unnecessary and inappropriate. While these issues certainly are worthy of consideration, issues concerning existing shareholder rights are more fundamental. If existing rights are adequate or could be improved, then new rights may not be necessary; but if existing ...


A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer Jan 2007

A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer Jan 2007

The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer

Journal Articles

The continuing controversy over 527 organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question.

This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by ...


Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh Jan 2007

Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh

Journal Articles

No abstract provided.


The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell Jan 2007

The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of ...


Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead Jan 2007

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

Journal Articles

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The ...