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Articles 1 - 30 of 42
Full-Text Articles in Law
Ndls Update 12/1995, Notre Dame Law School
Ndls Update 11/1995, Notre Dame Law School
Ndls Update 10/1995, Notre Dame Law School
Ndls Update 09/1995, Notre Dame Law School
Hoynes Code, The, David T. Link
Hoynes Code, The, David T. Link
Hoynes Code
This code governs legal education at the University of Notre Dame in all programs and in all locations.
150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
150th University of Notre Dame Commencement and Mass Program
Summer
Ndls Update 08/1995, Notre Dame Law School
Bulletin Of Information, University Of Notre Dame Law School 1995-96, Volume 91, Number 5, Notre Dame Law School
Bulletin Of Information, University Of Notre Dame Law School 1995-96, Volume 91, Number 5, Notre Dame Law School
Bulletins of Information
Notre Dame Law School
2 Notre Dame Law School
3 The Community
Faculty-Student Relationship
Honor Code
Student Conduct
Enrichment
Law Building and Library
Legal Research and Writing
Career Services
4 Foreign Law Study
London Programs
5 Graduate Law Programs
/ .S.D.-Intemational Human
Rights Law
LL.M.-lntemational and
Comparative Law in London
LL.M.-lntemational Human
Rights Law
6 Dual Degree Program
f.D ./M.S. …
150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
150th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
150th University of Notre Dame Commencement and Mass Program including Law School awards
Ndls Update 05/1995, Notre Dame Law School
Professor Jay Tidmarsh, Diploma Ceremony Address, Jay Tidmarsh
Professor Jay Tidmarsh, Diploma Ceremony Address, Jay Tidmarsh
Commencement Programs
Professor Jay Tidmarsh, who had been selected as Law School Distinguished Teacher, addressed the graduates; his remarks follow.
Ndls Update 04/1995, Notre Dame Law School
Ndls Update 03/1995, Notre Dame Law School
Ndls Update 02/1995, Notre Dame Law School
The Early Years Of Notre Dame Law School, Walter F. Pratt
The Early Years Of Notre Dame Law School, Walter F. Pratt
1883–1919: William J. Hoynes
Pratt’s article describes the early law school deans: William Hoynes, Francis Vurpillat, Thomas Konop, Clarence Manion, and Joseph O'Meara as well as life during the early years of the law school.
Ndls Update 01/1995, Notre Dame Law School
Law Library Guide 1995–1996, Kresge Law Library, Research Services Department
Law Library Guide 1995–1996, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Journal Articles
The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …
Closing Argument, James H. Seckinger
Closing Argument, James H. Seckinger
Journal Articles
To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”
An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Journal Articles
The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.
The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey
The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey
Journal Articles
Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.
Even …
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Journal Articles
In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.
If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …
Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule
Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule
Journal Articles
Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.
Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey
Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey
Journal Articles
My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.
We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …
The Legal Aspects Of Foreign Investment In Vietnam, Tang Thi Thanh Trai Le
The Legal Aspects Of Foreign Investment In Vietnam, Tang Thi Thanh Trai Le
Journal Articles
Recent years have brought burgeoning interest in foreign investment in Vietnam. Although a few observers have sounded discordant notes about Vietnam's economic potential, they have been drowned out in the chorus of the prevailing opinion that Vietnam appears set to become the next 'tiger' of Southeast Asia. Recognising this potential, the US lifted its trade embargo of Vietnam in early 1994. By this time, foreign investors from other nations had already established a presence in Vietnam.
Foreign investors have well-founded reasons underlying their interest in Vietnam. Vietnam's plentiful natural resources, including timber, oil, agricultural resources, a long coastline, tourism, and …
Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett
Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett
Journal Articles
Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Journal Articles
Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …
Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.
Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.
Journal Articles
Our thanks to the editors of the University of Arkansas at Little Rock Law Journal for the opportunity to respond to Jack Sammons' review of our recent book. We are honored to be taken seriously by someone as thoughtful as Sammons. We especially like his suggestion that, "[I]t would be good for everyone in the legal profession to pay attention to what Shaffer and Cochran have done here." (We hope they all buy copies of the book.) We see his book review (as we know he sees it) as moral discourse among friends; we respond in the same spirit. Though …
An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick
An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.
Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett
Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett
Journal Articles
The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.