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Notre Dame Law Fellowship 2011–2012, Notre Dame Law School

Student, Faculty, and Staff Awards

The Notre Dame Law Fellowship is awarded annually to two members of Notre Dame Law School’s graduating class. The fellows’ salaries and benefits are covered while they work for two years at a nonprofit organization providing legal services to low-income or other underrepresented populations. In 2013, Dean Nell Newton announced the new award name, “The Thomas L. Shaffer Public Interest Fellowship,” in honor of former dean and professor Thomas L. Shaffer.

The "Independent" Sector: Fee-For-Service Charity And The Limits Of Autonomy, Lloyd Hitoshi Mayer

Journal Articles

Although numerous scholars have attempted to explain and justify the benefits provided to charities, none has been completely successful. Their theories share, however, two required characteristics for charities. First, charities must be distinct from other types of entities in society, including governmental bodies, businesses, other types of nonprofit organizations, and informal entities such as families. Second, charities must provide some form of public benefit. Given these defining characteristics, the principal role for the laws governing charities is to protect charities from influences that could potentially undermine these traits. This Article is the first to recognize fully the importance of this …

The Foreign Trade Antitrust Improvements Act: Do We Really Want To Return To American Banana?, Joseph P. Bauer

Journal Articles

The extra-territorial reach of the antitrust laws is subject to multiple constraints, including the Commerce Clause of the constitution, the text of the antitrust statutes, and a variety of policy considerations. At the beginning of the twentieth century, in the American Banana case, the Supreme Court severely limited the application of the antitrust laws to anti-competitive behavior beyond our shores. The next eighty years saw an expansion of their extra-territorial reach, by including within their coverage a range of foreign conduct which had domestic effects. However, confusion among the lower courts as to the extent of this coverage, as well …

And The Two Shall Become As One... Until The Lawyers Are Done, Teresa Stanton Collett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Ethical Rules Prohibiting Discrimination By Lawyers: The Legal Profession's Response To Discrimination On The Rise, Brenda Jones Quick

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Law Firm Kaye, Scholer, Lincoln S & (And) L And The Ots, Joyce A. Hughes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Sexual Confusion: Attorney-Client Sex And The Need For A Clear Ethical Rule, Anthony E. Davis, Judith Grimaldi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Virtures And Limits Of Codes In Legal Ethics, Vincent R. Johnson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Professing Pro Bono: To Walk The Talk, Michael A. Mogill

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Two Professionalisms Of Legal Education, Richard A. Matasar

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Respect, Responsibility, And The Virtue Of Introspection: An Essay On Professionalism In The Law School Environment, Barry Sullivan, Ellen S. Podgor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Code Of One's Own, Joseph P. Tomain

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Ethics In Transition: Unrepresented Litigants And The Changing Judicial Role, Russell Engler

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Case Against The Line-Item Veto, Mickey Edwards

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Case Against The Line-Item Veto, Mickey Edwards

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Crime And Corrections, Robert H. Vasoli

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Ethics Of Cost-Containment: Bureaucratic Medicine And The Doctor As Patient-Advocate, Barry R. Furrow

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly

Journal Articles

Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like “dead …

Notre Dame Lawyer - Spring 2011, Notre Dame Law School

Notre Dame Lawyer

PREPARING FOR GLOBAL PRACTICE
A leader in international law education since 1968, NDLS is committed to preparing students for the accelerating pace of legal globalization.

A PRODUCTIVE PARTNERSHIP
Students in the new Law and Economics Program interact with leading experts in law, economics, and business.

RENOVATED: BIOLCHINI HALL OF LAW

A DIFFERENT KIND OF LAWYER. A DIFFERENT KIND OF LAW LIBRARIAN.

Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practitioners, And Its Clinical Impact On Society - A Paradigm For Change, Ann Marie Cavazos

Journal of Legislation

No abstract provided.

Charities And Lobbying: Institutional Rights In The Wake Of Citizens United, Lloyd Hitoshi Mayer

Journal Articles

One of the many aftershocks of the Supreme Court’s landmark decision in Citizens United v. FEC is that the decision may raise constitutional questions for the long-standing limits on speech by charities. There has been much scholarly attention both before and after that decision on the limit for election-related speech by charities, but much less attention has been paid to the relating lobbying speech limit. This article seeks to close that gap by exploring that latter limit and its continued viability in the wake of Citizens United. I conclude that while Citizens United by itself does not undermine the limit …

Foreword: Advances In The Behavioral Analysis Of Law: Markets, Institutions, And Contracts, Avishalom Tor

Journal Articles

Avishalom Tor, Special Editor

The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cutting-edge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law.

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …

Notre Dame Lawyer - Spring 2010, Notre Dame Law School

Notre Dame Lawyer

NAVIGATING YOUR CAREER
In today’s difficult hiring environment, the Career Services Office provides a robust network of people, programs, and support for ND Law students and grads seeking employment.

Free at Last
The Law School’s own Charlie Weiss, J.D. ’68, won freedom for a man wrongly convicted of murder.

GIVING BACK, PAYING IT FORWARD
The many contributions of Patrick A. Salvi ’78.

ALUMNUS Q & A
Double Domer Tom Fitzgerald, B.B.A. ’76, J.D. ’79, of Winston & Strawn in Chicago on today's legal market.

STUDENT PERSPECTIVE

FACULTY SCHOLARSHIP

Brief Amici Curiae Of Christian Medical And Dental Associations, Beta Upsilon Chi, And Officers Of Various Christian Legal Society Student Chapters In Support Of Petitioner, Kelly J. Shackelford, Hiram S. Sasser Iii, Jeffrey C. Mateer, Roger L. Byron, Erin Leu, Thomas C. Berg, Richard W. Garnett

Court Briefs

No. 08-1371
Christian Legal Society Chapter of University of California, Hastings College of the Law v. Leo P. Martinez

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit

From the Introduction and Summary of Argument

This case poses the question whether a student group organized around religious beliefs will be able to ensure these beliefs are shared by its leaders and voting members, and still be able to participate in a program at a public educational institution designed to encourage speech from a wide range of student groups.

The University of California-Hastings Law School …

The Inequality Of Sacrifice: Reducing Moral Hazard For Bailed-Out Homeowners: The Case Of Compulsory Community Service, Michael H. Leroy

Journal of Legislation

No abstract provided.

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael S. 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 …

Boumediene's Quiet Theory: Access To Courts And The Separation Of Powers, Stephen I. Vladeck

Notre Dame Law Review

No abstract provided.

Notre Dame Lawyer - Summer 2009, Notre Dame Law School

Notre Dame Lawyer

Eck Hall of Law
After a semester of use, Eck Hall of Law has begun to feel like home. Here’s an inside look at the classrooms, courtroom, chapel, and all that makes Eck Hall a fabulous place to be.

Meet Nell Jessup Newton
She’s an accomplished scholar, professor, dean, volunteer, and advocate. Now she’s ours.

Paying Tribute to Dean O’Hara
This summer, Patricia A. O’Hara will end her tenure as dean of Notre Dame Law School after a decade at the helm. Members of the Law School community, and a current student express their gratitude and esteem for her many …

Notre Dame Lawyer - Fall 2008, Notre Dame Law School

Notre Dame Lawyer

Why Notre Dame Law School Matters
What is it that makes Notre Dame Law School uniquely qualified to transform good people into great lawyers? Our five newly promoted faculty members will share their perspectives.

$5 Million Law Fellowship Challenge
A bequest from the late Frank Eck, Sr. rallies Notre Dame Law School to raise $5 million, to be matched dollar-for-dollar for student fellowships.

Ximena MedellÀn: CCHR Postdoctoral Research Associate
This recent Notre Dame Law School LL.M. alum is making her mark fighting crimes against humanity in Latin America.

$15 Million Gift Paves Way for Renovation
The existing Law School will …