Law Commons^™

Ndls Update 12/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 10/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 09/1997, Notre Dame Law School

NDLS Update

No abstract provided.

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.

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program

Summer

Bulletin Of Information, University Of Notre Dame Law School 1997–98, Volume 93, Number 5, Notre Dame Law School

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

Security Information for Notre Dame Security/Police

Nondiscriminatory Policy

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program including Law School awards

Ndls Update 05/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 04/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 03/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Law Library Guide 1997–1998, Kresge Law Library, Research Services Department

Law Library Guide

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

Cercla's Mistakes, John C. Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) confounds every theory of statutory interpretation. Congress hurriedly enacted CERCLA during the lame-duck period following the election of President Reagan and a Republican Senate majority in November 1980 but before they took office in January 1981. The resulting statute has been criticized for its apparently textual mistakes, sparse legislative history, conflicting purposes, and questionable public policy. Courts routinely complain about the difficulty of interpreting CERCLA under those circumstances. This article reviews several of the interpretive challenges presented by CERCLA, and suggests some broader implications for statutory interpretation more generally. CERCLA, hazardous …

In Memory Of Professor John Broderick, Thomas F. Broden

Journal Articles

John J. Broderick, professor emeritus of the Notre Dame Law School, died February 28, 1997. He was born in New York in 1910. He graduated summa cum laude from Washington and Lee University in 1932 and was a member of Phi Beta Kappa. In 1936 he graduated summa cum laude from St. John's University Law School and practiced law in New York City and Yonkers, New York until joining the Navy in World War II. In 1947 he became a member of the Notre Dame Law School faculty.

I first knew Professor Broderick as a student in the Law School …

Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig

Journal Articles

Race to the bottom explanations of welfare policies suggest that the power to set welfare payouts should be assigned to the federal government. Such theories predict that states cut benefits levels when faced with an increased demand for welfare from welfare migrants. This Article's econometric study of the determinants of AFDC payouts finds no evidence that states react in this way. This suggests that states should be accorded the power to curtail welfare payments to new arrivals through residency requirements, an issue left as moot in Anderson v. Green.

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurule

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …

Catholic Faith And Legal Scholarship, Gerard V. Bradley

Journal Articles

The most obvious and the most personally important way in which scholarship reflects faith knows no distinction between Protestants and Catholics. For all of us who are Christians, the life of the scholar is our vocation, our contribution to the building of the Kingdom, our share in the church's mission. We did not just stumble upon this life of scholarship, or choose it because it is interesting, exciting, or fun (though sometimes it is). Rather, we discerned through prayerful reflection upon our gifts, our opportunities, and the needs of our communities that God called us to serve others by striving …

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle

Journal Articles

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?

The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …

Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes

Journal Articles

This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to seal …

The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis

Journal Articles

This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Acquinas, Grisez, Noonan, and Koppelman.

Good Of Marriage And The Morality Of Sexual Relations, John M. Finnis

Journal Articles

This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Aquinas, Grisez, Noonan, and Koppelman.

Transitional Justice In Eastern Germany, Donald P. Kommers

Journal Articles

On October 3, 1990, the German Democratic Republic (GDR) ceased to exist. On that celebrated day of German unity, the GDR incorporated itself into the legal and political system of the Federal Republic of Germany (FRG). Economic and social union had taken place a few months earlier.' After 40 years, a people who had become accustomed to central planning, full employment, and state ownership of almost everything suddenly found themselves compacted into a profit-driven market economy rooted in private ownership. Equally swift was the legal revolution, for Unity Day witnessed the toppling of the GDR's judicial system, along with its …

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Journal Articles

The word "appropriate" is so wildly overused in American culture that, as with other vacuous words and phrases, a person learns to read right through it. "Appropriate" is verbal tofu. This Essay pauses instead of reading through, particularly to notice the instances in which "appropriate" and its negative counterpart are used to give the appearance of a moral or legal judgment.

"Appropriate," chosen to express a legal judgment, is not only vacuous; it is also irresponsible. It catches the legislator, judge, or administrator in the act of passing the buck, as the President did when he ordered the Justice Department …

Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell

Journal Articles

The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).

For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Journal Articles

Modern economic analysis owes too much to the conceit of Bentham and his followers in their arrogant reliance on disembodied reason. In fact, they have "shaped the course of law reform" for large segments of the modern world; unfortunately, they "neglected all the complex social evolution which ... [went into] the making of... [that] world and individuals" in it; and for that "reason..., they considered that the study of history was a matter of minor importance." Bentham and his many followers too often tend to rely on a handful of assumptions and reason alone–coupled with a veneer of mathematics–to describe …

"A Day In My Law Library Life," Circa 1997, Dwight B. King, Frank G. Houdek

Journal Articles

Contributors describe their lives as law librarians by recounting what they did during a single day at their jobs. Given the wide range of positions and libraries represented by the authors, the pieces collectively represent a snapshot - and a historical record - of the law library profession in 1997.

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Journal Articles

At the entrance to St. Mary's College, a part of the University of St. Andrews in Scotland, one encounters the opening words of the Gospel of St. John: "In principio erat verbum." Eschewing the usual translation, students there irreverently render the passage thus: "The Principal has the last word." The existence of the position of Principal in a university and the substantial power of that official cause only part of the fascination experienced by the American observer of universities in Scotland. This article will assess, from an American perspective, the law and governance affecting the resolution of academic and disciplinary …