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Notre Dame Law School

2010

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Law Library Newsletter, Volume 2, Issue 4 - November/December 2010, Kresge Law Library Nov 2010

Law Library Newsletter, Volume 2, Issue 4 - November/December 2010, Kresge Law Library

Law Library Newsletter

Check out all the information to help you prepare for finals: on exam reserves, study aids and more! Photos of trick-or- treaters in the law school Meet Terri Welty, Dean Ed Edmonds’ “right hand (wo)man”. Looking for new apps for your iPhone or iPad? Check out more recommendations in this issue


The Dedication Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School Oct 2010

The Dedication Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School

2006–2016: Ed Edmonds

The program contains a brief biography of Robert F. Biolchini, a list of benefactors, facility statistics, and stunning photography.


The Dedication Mass Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School Oct 2010

The Dedication Mass Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School

2006–2016: Ed Edmonds

The Dedication Mass of Biolchini Hall of Law

4:30 p.m.

Friday, October 8, 2010

Basilica of the Sacred Heart

University of Notre Dame


Irish Law 2010, Notre Dame Law School Oct 2010

Irish Law 2010, 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 ...


2010-2011 Law School Bulletin, Notre Dame Law School Oct 2010

2010-2011 Law School Bulletin, Notre Dame Law School

Bulletins of Information

CONTENTS

1 INTRODUCTION

11 PURPOSE

12 AMENDMENTS

13 EXCEPTIONS

14 COPIES

15 SOURCES

16 CITATION

17 EDITION

2 FACULTY AND ADMINISTRATION

21 FACULTY

22 DEAN

23 ASSOCIATE AND ASSISTANT DEANS

24 DIRECTOR OF THE KRESGE LAW LIBRARY

25 FACULTY MEETINGS

251 Voting

252 Minutes

253 Attendance by Students

26 OTHER POLICIES

261 The Notre Dame Law School Honor Code

262 Student Discipline

263 Student Records

264 Student Employment

265 Law School Calendar

3 COMMITTEES

31 FACULTY COMMITTEE ON APPOINTMENTS

311 Membership

312 Responsibilities

32 FACULTY COMMITTEE ON PROMOTIONS

321 Membership

322 Responsibilities

3221 [reserved]

3222 Clinical Faculty Reappointment and Promotion ...


Red Mass Invitation 2010, Notre Dame Law School Sep 2010

Red Mass Invitation 2010, Notre Dame Law School

The Red Mass

Most Rev. Kevin C. Rhoades, 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 27, 2010 at 5:15 PM.

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.


Law Library Newsletter, Volume 2, Issue 3 - September/October 2010, Kresge Law Library Sep 2010

Law Library Newsletter, Volume 2, Issue 3 - September/October 2010, Kresge Law Library

Law Library Newsletter

How to find part- time employment in the law library. Learn about a great legal re- search database you may not even know exists (hint: it’s not West, Lexis, or Hein Online) Lost in the new law library? Never fear, we have maps and other info to help! Meet our newest Librarian-in- Residence, Naomi Bishop


Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury Aug 2010

Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury

Court Briefs

The District Court properly held that New Life Art’s (“New Life”) creative works do not infringe the University of Alabama’s (“the University”) rights in the trade dress of its football uniforms, including the their crimson and white colors. First, New Life’s realistic depiction of the University’s football games is not likely to confuse consumers about the source of New Life’s goods, or as to the University’s sponsorship of or affiliation with those goods. Confusion is actionable under the Lanham Act only when it relates to these types of source relationships, and not when consumers ...


Law Library Newsletter, Volume 2, Issue 2 - July/August 2010, Kresge Law Library Jul 2010

Law Library Newsletter, Volume 2, Issue 2 - July/August 2010, Kresge Law Library

Law Library Newsletter

If you are working as a RA this summer don’t miss the article about resources for re- search! Find tips about navigating the interviewing process for judicial clerkships Meet Dan Manier, who heads the technology department for the law school Wondering what apps others find useful and fun for their mobile devices? See the list of recommendations!


165th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2010

165th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

165th Commencement and Mass Program

Saturday, May 15, 2010


Law Library Newsletter, Volume 2, Issue 1 - May/June 2010, Kresge Law Library May 2010

Law Library Newsletter, Volume 2, Issue 1 - May/June 2010, Kresge Law Library

Law Library Newsletter

This issue marks our first year of publication! See photos from stage one of the library’s move back into Biolchini Hall. The “library profile” is not about just one person this time, it’s an entire department: Technical Services! Some good news for C-SPAN aficionados


Professor Michael Kirsch, Diploma Ceremony Address, Michael Kirsch May 2010

Professor Michael Kirsch, Diploma Ceremony Address, Michael Kirsch

Commencement Programs

Commencement address by Michael Kirsch, 2010 Law School Distinguished Teacher


Law Library Newsletter, Volume 1, Issue 6 - March/April 2010, Kresge Law Library Mar 2010

Law Library Newsletter, Volume 1, Issue 6 - March/April 2010, Kresge Law Library

Law Library Newsletter

Learn a new way to search in HeinOnline. Check out new photos from the construction zone. Develop awareness of current legal issues with U.S Law Week. You may guess Ed’s childhood dream was to be an athlete. Find out the real answer in his profile!


At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds Jan 2010

At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds

Writings

One of the most dramatic periods in baseball’s long history of labor relations occurred from 1968 through 1975. The Major League Baseball Players Association negotiated baseball’s first Basic Agreement in 1968 without the benefit of any leverage that could alter most of Organized Baseball’s long practices that controlled the players’ mobility and wages. In 1975, however, the union won an arbitration panel hearing that determined that pitchers Dave McNally and Andy Messersmith were free agents after playing one full season under the renewed option year of their contracts and filing a grievance under the newly adopted arbitration ...


Law Library Newsletter, Volume 1, Issue 5 - January/February 2010, Kresge Law Library Jan 2010

Law Library Newsletter, Volume 1, Issue 5 - January/February 2010, Kresge Law Library

Law Library Newsletter

Introducing Innovative Inter-face’s new library sharing portal. How Google is changing online legal research. Catching up on Legal News with JURIST (and Other Resources)! Meet researcher extraordinaire Beth Klein. Introducing “Sharelaw”


Law Library Guide 2010–2011, Kresge Law Library, Research Services Department Jan 2010

Law Library Guide 2010–2011, Kresge Law Library, Research Services Department

Law Library Guide

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


Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead Jan 2010

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

Journal Articles

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.

This Article examines the question of how scientific methods and principles can ...


The Choice Of Law Against Terrorism, Mary Ellen O'Connell Jan 2010

The Choice Of Law Against Terrorism, Mary Ellen O'Connell

Journal Articles

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.


Regulating The Invisible: The Case Of Over-The-Counter Derivatives, Colleen M. Baker Jan 2010

Regulating The Invisible: The Case Of Over-The-Counter Derivatives, Colleen M. Baker

Journal Articles

In this Article, I focus on the regulation of the over-the-counter (OTC) derivative markets. I argue that current reform proposals and draft legislation fall short of constructing the linked domestic and international frameworks needed to successfully regulate the OTC derivative markets. The purpose of my Article is to propose and defend such a framework. Because of the inseparability of the domestic and international aspects of this issue, I argue that in addition to increased prudential supervision and regulation, the regulation of OTC derivative markets requires interwoven domestic and international systems for regulatory cooperation. This recommendation has two parts. First, Congress ...


Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia Jan 2010

Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia

Journal Articles

Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.

The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos ...


Shareholder Ownership And Primacy, Julian Velasco Jan 2010

Shareholder Ownership And Primacy, Julian Velasco

Journal Articles

According to the traditional view, the shareholders own the corporation. Until relatively recently, this view enjoyed general acceptance. Today, however, there seems to be substantial agreement among legal scholars and others in the academy that shareholders do not own corporations. In fact, the claim that shareholders do own corporations often is dismissed as merely a “theory,” a “naked assertion,” or even a “myth.” And yet, outside of the academy, views on the corporation remain quite traditional. Most people - not just the public and the media, but also politicians, and even bureaucrats and the courts - seem to believe that the shareholders ...


Affordable Private Education And The Middle Class City, Nicole Stelle Garnett Jan 2010

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Journal Articles

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II demonstrates ...


Unbundling Homeownership: Regional Reforms From The Inside Out, Nicole Stelle Garnett Jan 2010

Unbundling Homeownership: Regional Reforms From The Inside Out, Nicole Stelle Garnett

Journal Articles

Two vexing puzzles plague American land use regulators. The first puzzle is how to protect property owners from harmful spillovers without unduly stifling land use diversity. The dominant forms of land use regulation in the United States - zoning and private covenants - rely on ex ante prohibitions. Yet, since local governments and private developers rarely can calibrate the level of regulation to residents’ true preferences, the costs imposed by these regulations tend to exceed the benefits of actual harm prevention. The result is the over-protection of property owners and, and, many would argue, a monotonous, sterile, inefficient, and inconvenient suburban landscape ...


Unilateral, Anticompetitive Acquisitions Of Dominance Or Monopoly Power, Avishalom Tor Jan 2010

Unilateral, Anticompetitive Acquisitions Of Dominance Or Monopoly Power, Avishalom Tor

Journal Articles

The prohibition of certain types of anticompetitive unilateral conduct by firms possessing a substantial degree of market power is a cornerstone of competition law regimes worldwide. Yet notwithstanding the social costs of monopoly modern legal regimes refrain from prohibiting it outright. Instead, competition laws prohibit monopolies or dominant firms from engaging in those types of anticompetitive conduct that amount to monopolizing or an abuse of dominant position. Importantly, anticompetitive conduct can take place both on the road to monopoly and, later on, once substantial market power has been achieved. Legal regimes nevertheless tend either to ignore or pay only limited ...


Stare Decisis As Judicial Doctrine, Randy J. Kozel Jan 2010

Stare Decisis As Judicial Doctrine, Randy J. Kozel

Journal Articles

Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.

This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely ...


Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer Jan 2010

Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer

Journal Articles

The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no law...abridging the freedom of speech or of the press," thus at least nominally indicating that limitations on the ...


Irrelevent Confusion, Mark Mckenna, Mark A. Lemley Jan 2010

Irrelevent Confusion, Mark Mckenna, Mark A. Lemley

Journal Articles

Trademark law centers its analysis on consumer confusion. With some significant exceptions, the basic rule of trademark law is that a defendant’s use of a mark is illegal if it confuses a substantial number of consumers and not otherwise.

As a general matter, this is the right rule. Trademark law is designed to facilitate the workings of modern markets by permitting producers to accurately communicate information about the quality of their products to buyers, and therefore to encourage them to invest in making quality products in circumstances in which that quality wouldn’t otherwise be apparent. If competitors can ...


Substantive Canons And Faithful Agency, Amy Coney Barrett Jan 2010

Substantive Canons And Faithful Agency, Amy Coney Barrett

Journal Articles

Federal courts have long employed substantive canons of construction in the interpretation of statutes. For example, they apply the rule of lenity, which directs that ambiguous criminal statutes be interpreted in favor of the defendant, and the avoidance canon, which directs that statutes be interpreted in a manner that prevents the court from having to address serious constitutional questions. They also apply so-called “clear statement” rules — for example, absent a clear statement from Congress, a federal court will not interpret a statute to abrogate state sovereign immunity. While some commentators have attempted to rationalize these and other substantive canons as ...


Regulating Charities In The Twenty-First Century: An Institutional Choice Analysis, Lloyd Hitoshi Mayer, Brendan M. Wilson Jan 2010

Regulating Charities In The Twenty-First Century: An Institutional Choice Analysis, Lloyd Hitoshi Mayer, Brendan M. Wilson

Journal Articles

For more than fifty years scholars, practitioners, and government officials have debated whether the federal government, the state governments, or the charitable sector itself can best ensure that charity leaders fulfill their fiduciary duties. The dramatic growth of this sector, recent highly publicized governance scandals, and a push in Congress and the IRS for more federal involvement in this area have now brought this issue to a head. This article lays a foundation for resolving the dispute by developing an institutional choice framework for considering and comparing the various available options. Applying that framework, the article concludes that the best ...


Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey Jan 2010

Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey

Journal Articles

This article examines the federal government's growing use of 18 U.S.C. § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. In 2009, Justice Antonin Scalia pointed to the numerous interpretive questions dividing the federal appellate courts and proclaimed that it was "quite irresponsible" to let the "current chaos prevail ...