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Full-Text Articles in Law
Law Library Newsletter, Volume 2, Issue 4 - November/December 2010, Kresge Law Library
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 Mass Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School
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
The Dedication Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School
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.
2010–2011 Law School Bulletin, Notre Dame Law School
2010–2011 Law School Bulletin, Notre Dame Law School
Bulletins of Information
CONTENTS
Academic Requirements
- Graduation Requirements
- Graduation Honors
- Grade Reports
- Co-curricular Courses
- Course Requirements
- Change of Regulations
The Hoynes Code: A Compilation of Faculty Resolutions and Administrative Regulations Governing Notre Dame Law School--Revise August 1, 2010
Irish Law 2010, Notre Dame Law School
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 are to have …
Red Mass Invitation 2010, Notre Dame Law School
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
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
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 merely recognize the plaintiff’s mark. Second, …
Law Library Newsletter, Volume 2, Issue 2 - July/August 2010, Kresge Law Library
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
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
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
Professor Michael Kirsch, Diploma Ceremony Address, Michael Kirsch
Commencement Programs
Commencement address by Michael Kirsch, 2010 Law School Distinguished Teacher
Hearing Before The United States House Of Representatives Committee On Oversight And Government Reform, Subcommittee On National Security And Foreign Affairs: Rise Of The Drones Ii: Examining The Legality Of Unmanned Targeting, Mary Ellen O'Connell
Congressional Testimony
Notre Dame Lawyer - Spring 2010, Notre Dame Law School
Notre Dame Lawyer - Spring 2010, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Law Library Newsletter, Volume 1, Issue 6 - March/April 2010, Kresge Law Library
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!
Law Library Guide 2010–2011, Kresge Law Library, Research Services Department
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.
Law Library Newsletter, Volume 1, Issue 5 - January/February 2010, Kresge Law Library
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”
At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds
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 process. This stunning …
Unilateral, Anticompetitive Acquisitions Of Dominance Or Monopoly Power, Avishalom Tor
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 …
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
Journal Articles
This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.
These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …
At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds
At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds
Journal Articles
"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 process. This stunning …
How Many Fiduciary Duties Are There In Corporate Law?, Julian Velasco
How Many Fiduciary Duties Are There In Corporate Law?, Julian Velasco
Journal Articles
Historically, there were two main fiduciary duties in corporate law, care and loyalty, and only the duty of loyalty was likely to lead to liability. In the 1980s and 1990s, the Delaware Supreme Court breathed life into the duty of care, created a number of intermediate standards of review, elevated the duty of good faith to equal standing with care and loyalty, and announced a unified test for review of breaches of fiduciary duty. The law, which once seemed so straightforward, suddenly became elaborate and complex. In 2006, in the case of Stone v. Ritter, the Delaware Supreme Court rejected …
Anna Nicole Smith Goes Shopping: The New Forum-Shopping Problem In Bankruptcy, G. Marcus Cole, Todd J. Zywicki
Anna Nicole Smith Goes Shopping: The New Forum-Shopping Problem In Bankruptcy, G. Marcus Cole, Todd J. Zywicki
Journal Articles
In the United States, relations between debtors and their creditors are governed by two distinct legal regimes. For the overwhelming majority of credit relationships, state law of contract, property, tort, and consumer protection set up the framework within which the debtor-creditor relationship is established, functions, and in the end, is dissolved. In a smaller but significant number of these relationships, a different forum orchestrates the end of these relationships, namely, federal bankruptcy court. These two distinct forums for debtor-creditor relations coexist side by side, with some disputes moving over time from one forum to the other. As with any system …
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
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 …
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
Journal Articles
In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, …
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Journal Articles
May Congress regulate the procedures by which state courts adjudicate claims arising under state law? Recently, Congress not only has considered several bills that would do so, but has enacted a few of them. This Article concludes that such laws exceed Congress's constitutional authority. There are serious questions as to whether a regulation of court procedures qualifies as a regulation of interstate commerce under the Commerce Clause. Even assuming, however, that it does qualify as such, the Tenth Amendment reserves the power to regulate court procedures to the states. Members of the Founding generation used conflict-of-laws language to describe a …
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside …
Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead
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 …
Disclosures About Disclosure, Lloyd Hitoshi Mayer
Disclosures About Disclosure, Lloyd Hitoshi Mayer
Journal Articles
An often overlooked aspect of the Supreme Court’s recent decision in Citizens United v. FEC is the sharply contrasting factual accounts regarding disclosure of independent election-related spending. For eight of the Justices, such disclosure is constitutionally defensible because it enables voters to make informed decisions. For Justice Thomas, however, such disclosure is constitutionally suspect because of its potential to result in retaliation and related chilling of First Amendment speech in the form of financial contributions. The continuing importance of these contrasting narratives can be found not only in the pending Supreme Court case of Doe v. Reed, in which the …
Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey
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." Since then, …