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Law Library Newsletter, Volume 1, Issue 4 – November/December 2009, Kresge Law Library Nov 2009

Law Library Newsletter, Volume 1, Issue 4 – November/December 2009, Kresge Law Library

Law Library Newsletter

We are quickly moving toward the end of the fall 2009 semester. For me and my colleagues in the Kresge Law Library, the end of this semester will mean that we are only one semester away from the completion of the renovation of the “old” law school. As the 2010 spring semester ends, we will be starting to move all of our print volumes and microforms into Biolchini Hall. This edition of the Law Library News contains some photographs of the construction site. The Reading Room ceiling has been finished, and I think the final renovated space will be spectacular ...


Red Mass 2009, Notre Dame Law School Oct 2009

Red Mass 2009, Notre Dame Law School

The Red Mass

The Red Mass October 11, 2009 10:00 am Mass Basilica of the Sacred Heart University of Notre Dame Notre Dame, Indiana


Irish Law 2009, Notre Dame Law School Oct 2009

Irish Law 2009, Notre Dame Law School

About the 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 hope that once you look through that window, you'll be as eager to join us as we ...


Featured Faculty On Ndls Home Page: Daniel B. Kelly – September 21, 2009, Daniel B. Kelly Sep 2009

Featured Faculty On Ndls Home Page: Daniel B. Kelly – September 21, 2009, Daniel B. Kelly

NDLS in the News

Daniel B. Kelly was a Featured Faculty on NDLS Home Page on September 21, 2009.


Law Library Newsletter, Volume 1, Issue 3 - September/October 2009, Kresge Law Library Sep 2009

Law Library Newsletter, Volume 1, Issue 3 - September/October 2009, Kresge Law Library

Law Library Newsletter

The beginning of the fall 2009 semester marks another benchmark in the physical transformation of the Notre Dame Law School facility. This will be the only complete academic year without dedicated library study and research space and with just one-quarter of our print collection onsite. For first year students, this will mark some changes in the way that we teach legal research. We continue to strive to balance our teaching of various methods of online access to legal information with locating and using traditional print materials. We survey our students annually to monitor what law firms expect in research methods ...


Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick Aug 2009

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker ...


Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School Aug 2009

Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School

About the Law School

The blessing rite for the Saint Thomas More Chapel, Eck Hall of Law, University of Notre Dame took place on August 30, 2009.

Presiding: Most Reverend John M. D'Arcy, Bishop, Fort Wayne-South Bend Diocese

Concelebrants:

  • Rev. John Coughlin, O.F.M., Professor of Law and Concurrent Professor of Theology
  • Rev. John Jenkins, C.S.C., President of the University of Notre Dame
  • Rev. Richard Warner, C.S.C., Superior General of the Congregation of Holy Cross
  • Rev. Peter Rocca, C.S.C., Rector for the Basilica of the Sacred Heart at the University of Notre Dame


Bulletin Of The University Of Notre Dame The Law School 2009-10, Volume 105, Number 4, University Of Notre Dame Aug 2009

Bulletin Of The University Of Notre Dame The Law School 2009-10, Volume 105, 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


Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library Jul 2009

Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library

Law Library Newsletter

This second issue of Law Library News highlights the dynamic nature of life and work in the Kresge Law Library. Amongst the many pictures of the construction phases of Eck Hall, you will find helpful material gleaned from professional conferences and staff experiences with the continuing evolution of electronic access to information. To me, though, the focus this summer continues to be on our continual quest to provide excellent service to all of our patrons in our transitional environment. That transitional environment includes the impact of our construction project and the changing nature of information delivery. On the construction side ...


Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick Jun 2009

Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick

Journal Articles

This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.


University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame May 2009

University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame

Commencement Programs

No abstract provided.


164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2009

164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

164th Commencement and Mass Program

Saturday, May 16, 2009


Law Library Newsletter, Volume 1, Issue 1 - May/June 2009, Kresge Law Library May 2009

Law Library Newsletter, Volume 1, Issue 1 - May/June 2009, Kresge Law Library

Law Library Newsletter

You either have in your hands a printed page or are reading from a screen a copy of volume 1, number 1, of Law Library News and that is entirely appropriate. As the Kresge Law Library continues its physical transformation into the wonderful space that will become its home in Biolchini Hall, those of us who toil here and those of you who benefit from our work on your behalf are also continuing to experience a dramatic transformation in the delivery of legal information. During the 18 months of renovation, two-thirds of the library’s physical collection is located offsite ...


The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley May 2009

The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley

Journal Articles

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...


A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds Jan 2009

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds

Writings

No abstract provided.


Law Library Guide 2009–2010, Kresge Law Library, Research Services Department Jan 2009

Law Library Guide 2009–2010, Kresge Law Library, Research Services Department

Law Library Guide

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


Response To Nicholas Boyle, O. Carter Snead Jan 2009

Response To Nicholas Boyle, O. Carter Snead

Journal Articles

Response to Nicholas Boyle’s talk “God, Sex, and America: From Decline of the Common Morality to the Emergence of a Global Ethical Life” at The Catholic University of America Center for Law, Philosophy and Culture’s Symposium “A Common Morality for the Global Age: In Gratitude for What We Are Given.”


Honduras: Coup D’Etat In Constitutional Clothing?, Douglass Cassel Jan 2009

Honduras: Coup D’Etat In Constitutional Clothing?, Douglass Cassel

Journal Articles

No abstract provided.


Judicial Review, Local Values, And Pluralism, Richard W. Garnett Jan 2009

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and ...


Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills Jan 2009

Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills

Journal Articles

This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.


Public Bioethics And The Bush Presidency, O. Carter Snead Jan 2009

Public Bioethics And The Bush Presidency, O. Carter Snead

Journal Articles

Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then ...


Response To Michael Sandel, Stephen F. Smith Jan 2009

Response To Michael Sandel, Stephen F. Smith

Journal Articles

No abstract provided.


The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock Jan 2009

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Journal Articles

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either ...


The Securities Laws And The Mechanics Of Legal Change, Barry Cushman Jan 2009

The Securities Laws And The Mechanics Of Legal Change, Barry Cushman

Journal Articles

This essay, prepared for the Virginia Law Review symposium marking the 75th anniversary of the Securities Exchange Commission, explores the mechanisms through which the Roosevelt Administration secured the Supreme Court's approval of various features of the New Deal's securities law program.


Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett Jan 2009

Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett

Journal Articles

The First Amendment’s “Establishment Clause” is widely thought to protect “conscience.” Does it? If so, how? It is proposed in this paper that the no-establishment rule does indeed promote and protect religious liberty, and does safeguard conscience, but not (or, at least, not only) in the way most people think it does, namely, by sparing those who object from the asserted injury to their conscience caused by public funding of religious activity.

The Supreme Court’s decision in Hein v. Freedom from Religion Foundation - a case in which the Justices limited taxpayer standing to bring Establishment Clause claims - reminds ...


Federalization In Information Privacy Law, Patricia L. Bellia Jan 2009

Federalization In Information Privacy Law, Patricia L. Bellia

Journal Articles

In Preemption and Privacy, Professor Paul Schwartz argues that it would be unwise for Congress to adopt a unitary federal information privacy statute that both eliminates the sector-specific distinctions in federal information privacy law and blocks the development of stronger state regulation. That conclusion, though narrow, rests on descriptive and normative claims with broad implications for the state-federal balance in information privacy law. Descriptively, Professor Schwartz sees the current information privacy law landscape as the product of successful experimentation at the state level. That account, in turn, fuels his normative claims, and in particular his sympathy with theories of competitive ...


An Alternate Approach To Channeling?, Mark P. Mckenna Jan 2009

An Alternate Approach To Channeling?, Mark P. Mckenna

Journal Articles

Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product’s performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article’s design that are dictated by function and to ...


The Nobel Effect, Roger P. Alford Jan 2009

The Nobel Effect, Roger P. Alford

Journal Articles

No abstract provided.


Proportional Mens Rea, Stephen F. Smith Jan 2009

Proportional Mens Rea, Stephen F. Smith

Journal Articles

This Essay makes the case for "proportional mens rea," a proportionality-based approach to mens rea selection. Proportional mens rea would provide proportionality safeguards that are otherwise entirely lacking in substantive criminal law and,as a practical matter, unavailable in constitutional law. Creating implied mens rea requirements, where necessary to ensure proportional punishment, is not a judicial usurpation of a legislative function. Rather, it is to take seriously the role that courts play, under both constitutional and substantive criminal law, to ensure that punishment "fits" the crime. Moreover, proportional mens rea would represent a needed counterweight to prosecutorial behavior whereas current ...


An Appropriate Focus On War, Mary Ellen O'Connell Jan 2009

An Appropriate Focus On War, Mary Ellen O'Connell

Journal Articles

No abstract provided.