Digital Commons Network^™

Giving Hipaa Enforcement Room To Grow: Why There Should Not (Yet) Be A Private Cause Of Action, Jack Brill

Notre Dame Law Review

No abstract provided.

Not So Fast - Scrutinizing The Gun Jumping Provisions Of The Securities Act Under The Commercial Speech Doctrine, Edward T. Highberger

Notre Dame Law Review

No abstract provided.

Immigration Posses: U.S. Immigration Law And Local Enforcement Practices, Kevin J. Fandl

Journal of Legislation

No abstract provided.

Class Action Criminality, Lisa L. Casey

Journal Articles

This paper examines the criminal prosecution of Milberg Weiss, formerly the most successful plaintiffs’ securities class action firm in the country, for allegedly making undisclosed incentive payments to class representatives. In particular, the article examines the government’s primary charge - that the firm’s practice violated the “honest services” theory of mail and wire fraud. The government’s application of this theory presumes a fiduciary relationship between the class representatives and the class which has never been clearly delineated and, indeed, is against the weight of case law and the realities of class action litigation.

The Article proceeds on two different levels. …

What Is This "Lobbying" That We Are So Worried About?, Lloyd Hitoshi Mayer

Journal Articles

Lobbying is both an essential part of our democratic process and a source of some of our greatest fears about dangers to that process. Yet when Congress, the public, and scholars consider loosening or, as is more often the case, tightening the restrictions on lobbying, they usually assume that everyone knows what activities are in fact lobbying. They therefore overlook the fact that multiple definitions of lobbying currently exist in the various federal laws addressing lobbying. This Article seeks to fill this gap by answering the question of how lobbying should be defined for purposes of the existing federal laws …

A Tribute To Robert L. Oakley: Remembering Bob Oakley, Roger F. Jacobs

Journal Articles

A tribute to Robert L. Oakley, Professor and Law Librarian (1945-2007).

Notre Dame Lawyer - Spring 2007, Notre Dame Law School

Notre Dame Lawyer

Pursuing Justice in South America
Ed Fillenwarth, ’63 J.D., writes about his and his wife’s decades-long pursuit of justice for victims of human rights abuses in South America.

Report from Guantánamo
With two clients incarcerated at Guantánamo Bay, Bob Weaver, ’75 J.D., asks the question: May a foreign national be held in a maximum-security prison for the rest of his life, in territory over which the United States has exclusive jurisdiction, on the authority of the President alone, without ever being charged with a crime, and without meaningful judicial review?

Inaugural NDLA Award Recognizes Devotion to Social Justice Law
After …

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

Business Outsourcing And The Agency Cost Problem, George S. Geis

Notre Dame Law Review

No abstract provided.

Notre Dame Lawyer - Fall 2006, Notre Dame Law School

Notre Dame Lawyer

Voir Dire / Tex Dutile

Building for the New Millennium: A Progress Report
New schematics of the exterior of the building addition and renovation, as well as reflections from three members of the Law School Community, bring readers up-to-date on the progress of the project.

New Faculty
Margaret Brinig, Ed Edmonds, Jennifer Mason, Christopher S. O’Byrne

Visiting Scholars

National Parks, Ghanian Style
Prof. John Nagle reports on environmental efforts undertaken in Ghana.

“Amazing Grace”
When the Hispanic Law Students Association awarded Prof. Jimmy Gurulé its Graciela Olivarez Award, he chose to honor the award’s namesake in his acceptance speech.

Mustering …

Speech And Taxes: Balancing Freedom Of Conscience And Government Speech After Johanns V. Livestock Marketing Association, Brian P. Morrissey

Notre Dame Law Review

No abstract provided.

Indifferent No More: People Of Faith Mobilize To End Prison Rape;Symposium, Pat Nolan, Marguerite Telford

Journal of Legislation

No abstract provided.

Notre Dame Lawyer - Spring 2006, Notre Dame Law School

Notre Dame Lawyer

Learning What It Means to be a Different Kind of Lawyer
Student participants are reminded why they came to law school.

Tennis and Top Buttons: Remembering William Rehnquist
Prof. Richard Garnett eulogizes his former mentor.

The Far Reach of the Dome’s Shadow: Discovery in Asia
Prof. Joseph Bauer travels 7,000 miles to discover Asia.

The Law Library: A Twenty-Year Odyssey
Departing Associate Prof. Roger Jacobs reflects on the past 20 years.

People, Books, Quiet Action: The Emblems of a Friend
Prof. Walter Pratt salutes his departing friend.

Center for Civil and Human Rights: Continuing a Tradition
Firmly grounded in its …

Notre Dame Lawyer - Fall 2005, Notre Dame Law School

Notre Dame Lawyer

$21 Million Dollar Gift from Alumnus Frank Eck Through the generosity of Frank Eck, a staunch supporter of the University of Notre Dame, the law school moves closer to completing its building campaign to expand the Law School.

Voices of Continuity One senior and four junior faculty members are promoted, a testament to their collective dedication to scholarship, teaching, and service.

New Voices Six new faculty members and three visiting scholars join the Notre Dame Law School, bringing a collective voice already well known in scholarly journals and conferences.

Carozza Elected Member on Human Rights Commission Professor Paolo Carozza’s dedication …

The Scope Of In-Firm Privilege, Elizabeth Chambliss

Notre Dame Law Review

No abstract provided.

Notre Dame Lawyer - Spring 2005, Notre Dame Law School

Notre Dame Lawyer

London Law Centre: A Reexamined Profession Historic buildings with ornate fi replaces have housed this unique year-long study abroad program for Notre Dame law students, several of whom reflect on the influence the program has had on their careers.

Chilé: From Oppression to Freedom Jeff Hall, ’06 J.D. writes about his experience as an intern at the Chilean law firm of Aylwin Abogados (headed by Pedro Alywin, ’92 LL.M.). Hall finds the country’s beauty to be matched only by its people’s resilience.

Reflections on Making a Difference Ana Perez-Arrieta, ’05 J.D. considers her first experience with being “a different kind …

Playing Peekaboo With Constitutional Law: The Pcaob And Its Public/Private Status, Donna M. Nagy

Notre Dame Law Review

Ambiguity aversion is a person's rational attitude towards the indeterminacy of the probability that attaches to his future prospects, both favorable and unfavorable. An ambiguity-averse person increases the probability of the unfavorable prospect, which is what criminal defendants typically do when they face a jury trial. The prosecution is not ambiguity averse. Being a repeat player interested in the overall rate of convictions, it can depend upon any probability, however indeterminate it may be. The criminal process therefore is systematically affected by asymmetric ambiguity aversion, which the prosecution can exploit by forcing defendants into harsh plea bargains. Professors Segal and …

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

For some two decades since I entered law school, the connection between the philosophy of the human person and law has been of comparative interest to me. My interest was stimulated in no small part by the late Pope John Paul II, who urged that canon law reflect the essential elements of what it means to be human. Comparative legal study of the canon law of the Catholic Church with the law of the liberal state has convinced me of the importance of the understanding of the human person that underpins the law. Canon law and the Catholic intellectual tradition …

The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Stephen N. Subrin, Thomas O. Main

Notre Dame Law Review

No abstract provided.

"Tax Services" As A Trojan Horse In The Auditor Independence Provisions Of Sarbanes-Oxley, Matthew J. Barrett

Journal Articles

This article argues that the failure of the Sarbanes-Oxley Act of 2002 (SOx) to prohibit auditors for public companies from also providing tax services to audit clients or their executives and selling tax shelters to anyone remains a Trojan horse that threatens both the investing public and the auditing profession. Although SOx enacted several reforms designed to enhance auditor independence, the legislation and implementing regulations that the Securities and Exchange Commission (SEC) subsequently promulgated allow an auditor for a publicly traded company to provide tax services to the company as long as the audit committee preapproves the engagement.

As the …

Ndls Update 11/2003-12/2003, Notre Dame Law School

NDLS Update

No abstract provided.

Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia

Commencement Programs

Graduation Address by Professor Anthony J. Bellia Jr., Recipient of the 2003 Law School Distinguished Teacher Award.

Imminent Danger Within 28 U.S.C. 1915(G) Of The Prison Litigation Reform Act: Are Congress And Courts Being Realistic, B. Patrick Costello Jr.

Journal of Legislation

No abstract provided.

Foreign Law Year In Review: 2002, Roger P. Alford

Journal Articles

Contents

• Introduction

The American Influence On International Arbitration, Roger P. Alford

Journal Articles

It is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. In these remarks, Professor Alford addresses three issues related to the Americanization of international arbitration. The first is whether international arbitration has, in fact, only recently become Americanized. He posits instead that there is always an ebb and flow to the level of the United States' involvement in international arbitration. During the drafting and signing of the 1958 New …

Ndls Update 11/2002-12/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Irish Law 2002: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2005: Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like. This is an insider's guide because it was written entirely by students. A group of about fifteen of …

Conspirators' Privilege And Innocents' Refuge: A New Approach To Joint Defense Agreements, Craig S. Lerner

Notre Dame Law Review

No abstract provided.

Ndls Update 09/2002-10/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 05/2002-06/2002, Notre Dame Law School

NDLS Update

No abstract provided.