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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

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

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

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

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

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

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

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

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

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

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

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

Originally published by the United States House of Representatives Committee on Oversight and Government Reform

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Copy of Testimony

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GovInfo

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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

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

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

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 …

Introduction: Expansion And Contraction In Monopolization Law, Michael S. Gal, Spencer Weber Waller, Avishalom Tor

Journal Articles

This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …

Exiting Litigation, Jay Tidmarsh

Journal Articles

The American judicial system will face significant challenges in the twenty-first century. One of its immediate challenges is adapting the rules of civil procedure to the stresses under which the civil-justice system operates. Some of the most notable pressures arise from transnational litigation, mass litigation, proliferation of claims against governmental and corporate institutions, and competition from methods of alternative dispute resolution that promise to dispense cheaper, faster, and more satisfying justice.

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 …

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 …

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Journal Articles

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

Nato At Sixty: America Between Law And War, Mary Ellen O'Connell

Journal Articles

NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …

Whom Should A Catholic University Honor?: "Speaking" With Integrity, Richard W. Garnett

Journal Articles

It has been more than two years since the announcement that our then-recently-elected President, Barack Obama, would be the featured speaker—and would receive an honorary degree—at the University of Notre Dame's graduation ceremony. No footnotes or citations are necessary for the report that the University's decision was controversial or the observation that the choice was both criticized and celebrated by students, faculty, alumni, political commentators, lay Catholics, and Church leaders.

In a USA Today opinion piece published a few days before the graduation ceremony, I suggested that the "angst at Notre Dame" was "not about what should be said at …

Marriage And Mulieris Dignitatem, John J. Coughlin

Journal Articles

This article considers the theology and canon law of marriage in light of 'Mulieris Dignitatem'. The article was a talk given at Catholic University of America on this twentieth anniversary of Pope John Paul II's Apostolic Letter. One of the document's central themes is the universal call to holiness lived out through sacramental marriage or virginity. In the first part of the article, I discuss Saint Augustine's teaching on the relation between marriage and virginity. In the second part, I mention several prominent features of 'Mulieris Dignitatem', including the complementarity of marriage and virginity, the personalist interpretation of Ephesians 5, …

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 …

In Memoriam: Professor Michael Goldsmith, G. Robert Blakey

Journal Articles

Michael Goldsmith, the Woodruff J. Deem Professor of Law, Brigham Young University, was more than a protege. Over the years, he became a close colleague and a true and long-lasting friend.

Mike was unlucky to fall from the ravishes of ALS. Yet he was lucky in life. In the end, people are all that count, not scholarship, public service, or fame. On this count, he was uncommonly lucky.

Michael Goldsmith: Requiescat in Pace.

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 …

Governing? Gentrifying? Seceding? Real-Time Answers To Questions About Business Improvement Districts, Nicole Stelle Garnett

Journal Articles

Business improvement districts (BIDs) have become a ubiquitous feature of the urban development toolkit. An important - perhaps the most important - instantiation of the trend in urban governance toward the devolution of local authority to new sublocal, quasi-governmental institutions, BIDs play an important role in urban re-development efforts, especially efforts to revitalize downtowns and satellite center-city business districts. Drawing upon case studies of Philadelphia’s BIDS, this symposium essay seeks to answer three questions about how BIDs actually work on the ground: First, whether BIDs are actually functioning as local governments rather than quasi-private providers of supplemental services; second, whether …

Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna

Journal Articles

Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …