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Notre Dame Law School

2014

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Articles 1 - 30 of 115

Full-Text Articles in Law

Ndls Update 12/09/2014, Notre Dame Law School Dec 2014

Ndls Update 12/09/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Ndls Update 12/02/2014, Notre Dame Law School Dec 2014

Ndls Update 12/02/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Yesterday, we said a final farewell to our colleague, mentor, teacher, and friend Robert E. Rodes, Jr.


Mmu: 11/24/14–11/30/14, Notre Dame Law School Nov 2014

Mmu: 11/24/14–11/30/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Ndls Update 11/18/2014, Notre Dame Law School Nov 2014

Ndls Update 11/18/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Mmu: 11/17/14 –11/23/14, Notre Dame Law School Nov 2014

Mmu: 11/17/14 –11/23/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis Nov 2014

Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis

Journal Articles

Written for a symposium in the University of San Diego Law School in September 2013 on Laurence Claus, Law’s Evolution and Human Understanding (New York: Oxford University Press, 2012), this article appears in the final issue of volume 52 of the San Diego Law Review. With new illustrations and considerations suggested by the book, the article argues for a number of theses: “Because I/we say so” is never a reasonable ground or formulation of authoritative acts such as enactments or parental or other orders. The moral authority of rule makers is never peremptory in a binary (all or ...


Ndls Update 11/11/2014, Notre Dame Law School Nov 2014

Ndls Update 11/11/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Mmu; 11/10/14–11/16/14, Notre Dame Law School Nov 2014

Mmu; 11/10/14–11/16/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Mlb Calendar 2014-2015, Edmund P. Edmonds Nov 2014

Mlb Calendar 2014-2015, Edmund P. Edmonds

MLB Calendars

No abstract provided.


Yates V. United States: A Case Study In Overcriminalization, Stephen F. Smith Nov 2014

Yates V. United States: A Case Study In Overcriminalization, Stephen F. Smith

Journal Articles

In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the Sarbanes–Oxley Act of 2002, a law aimed at preventing massive frauds of the sort that led to the collapse of Enron and sent shock waves throughout the economy. Although the legal issue is narrow, the case has far-reaching significance. The Yates prosecution is a case study in the dangers posed by “overcriminalization”: the existence of multitudinous, often overlapping criminal laws that are so poorly defined that they sweep within their ambit conduct far afield from their intended target.

The ...


Mmu: 12/01/14–12/20/14, Notre Dame Law School Nov 2014

Mmu: 12/01/14–12/20/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


The Scope Of Precedent, Randy J. Kozel Nov 2014

The Scope Of Precedent, Randy J. Kozel

Journal Articles

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court's broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta.

This Article connects the scope of precedent with recurring and foundational debates about the proper ends of judicial interpretation. A precedent's forward-looking effect should not ...


Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan Nov 2014

Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan

Journal Articles

In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations?

Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist. The purpose of this article is to provide an introduction to some of the ...


Ndls Update 10/28/2014, Notre Dame Law School Oct 2014

Ndls Update 10/28/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Mmu: 10/27/14–11/02/14, Notre Dame Law School Oct 2014

Mmu: 10/27/14–11/02/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Ndls Update 10/21/2014, Notre Dame Law School Oct 2014

Ndls Update 10/21/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Hoynes Code, The, Notre Dame Law School Oct 2014

Hoynes Code, The, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations.


Ndls Update 10/14/2014, Notre Dame Law School Oct 2014

Ndls Update 10/14/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Mmu: 10/13/14–10/19/14, Notre Dame Law School Oct 2014

Mmu: 10/13/14–10/19/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Ndls Update 10/07/2014, Notre Dame Law School Oct 2014

Ndls Update 10/07/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


Red Mass 2014, Notre Dame Law School Oct 2014

Red Mass 2014, Notre Dame Law School

The Red Mass

The Red Mass

Votive Mass of the Holy Spirit

October 6, 2014, 5:15 pm

Basilica of the Sacred Heart

University of Notre Dame, Notre Dame, Indiana


Mmu: 10/06/14–10/12/14, Notre Dame Law School Oct 2014

Mmu: 10/06/14–10/12/14, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


An Insider's Guide To Notre Dame Law School, Notre Dame Law School Oct 2014

An Insider's Guide To Notre Dame Law School, 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 ...


2014-2015 Law School Bulletin, Notre Dame Law School Oct 2014

2014-2015 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 ...


“All Good Things Flow . . . ”: Rule Of Law, Public Goods, And The Divided American Metropolis, James J. Kelly Jr. Oct 2014

“All Good Things Flow . . . ”: Rule Of Law, Public Goods, And The Divided American Metropolis, James J. Kelly Jr.

Journal Articles

This essay is a review of and a response to Urban Decay, Austerity, and Rule of Law, an article written by Brent White, Simone Sepe, and Saura Masconale. Building upon an intuitively compelling social contract theory insight, the article sets out the theoretical and empirical cases for the authors’ contention that sustained investment in highly visible, essential local public goods provides crucial support for rule of law. White, Sepe, and Masconale offer their theory as a “make ‘gov’ not war” alternative to the Broken Windows Theory, which underlies ordermaintenance policing strategies. In the final section of the piece, the authors ...


Improving Patent Quality With Applicant Incentives, Stephen Yelderman Oct 2014

Improving Patent Quality With Applicant Incentives, Stephen Yelderman

Journal Articles

This Article offers an alternative approach to the widely recognized problem of low-quality patents being granted by the patent office. Traditional reforms have focused almost exclusively on making the patent office more effective at examination. This Article instead looks at patent quality from an applicant’s perspective, and evaluates how certain patent rules might be encouraging inventors to file higher or lower quality claims. It proposes a variety of reforms to take advantage of applicants’ existing interests in obtaining patents that are both broad enough to create infringing activity and narrow enough to be valid. The result is a distinctive ...


Wilderness Exceptions, John Copeland Nagle Oct 2014

Wilderness Exceptions, John Copeland Nagle

Journal Articles

This Article considers when activities that are inconsistent with wilderness are nonetheless allowed in it. That result happens in four different ways: (1) Congress decided not to designate an area as “wilderness” even though the area possesses wilderness characteristics; (2) Congress draws the boundaries of a wilderness area to exclude land that possesses wilderness characteristics because Congress wants to allow activities there that would be forbidden by the Act; (3) Congress specifically authorizes otherwise prohibited activities when it establishes a new wilderness area; or (4) Congress acts to approve contested activities in response to a controversy that arises after a ...


Interpreting Secretary Perkins, Barry Cushman Oct 2014

Interpreting Secretary Perkins, Barry Cushman

Journal Articles

This essay is my contribution to an exchange with Professor Daniel R. Ernst of Georgetown University Law Center concerning the timing of a visit by Chief Justice Hughes and his wife to the Pennsylvania summer home of Justice Owen Roberts. In the 1950s, former Secretary of Labor Frances Perkins recounted in the oral history interview she gave to Columbia University that Mrs. Roberts had reported to her that Hughes and Roberts had held extended, private conversations during that visit. It has been argued by some scholars that the visit took place during the summer of 1936, shortly after the Court ...


Auctioning Class Settlements, Jay Tidmarsh Oct 2014

Auctioning Class Settlements, Jay Tidmarsh

Journal Articles

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea ...


Ndls Update 09/30/2014, Notre Dame Law School Sep 2014

Ndls Update 09/30/2014, Notre Dame Law School

NDLS Updates

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.