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Terrorism: The Problem And The Solution - The Comprehensive Terrorism Prevention Act Of 1995;Note, Melissa A. O'Loughlin Jan 1996

Terrorism: The Problem And The Solution - The Comprehensive Terrorism Prevention Act Of 1995;Note, Melissa A. O'Loughlin

Journal of Legislation

No abstract provided.


Corrections Day, John Copeland Nagle Jan 1996

Corrections Day, John Copeland Nagle

Journal Articles

In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …


Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy Jan 1996

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy

Journal Articles

In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …


Ndls Update 04/1995, Notre Dame Law School Apr 1995

Ndls Update 04/1995, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 02/1995, Notre Dame Law School Feb 1995

Ndls Update 02/1995, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 01/1995, Notre Dame Law School Jan 1995

Ndls Update 01/1995, Notre Dame Law School

NDLS Update

No abstract provided.


Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le Jan 1995

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le

Journal Articles

In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.

If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …


Encouraging Personal Responsibility - An Alternative Approach To Teaching Legal Ethics, Christine M. Venter Jan 1995

Encouraging Personal Responsibility - An Alternative Approach To Teaching Legal Ethics, Christine M. Venter

Journal Articles

Largely as a result of prompting by the American Bar Association ("ABA"), most American law schools now require students to take a class called Professional Responsibility or Legal Ethics before graduation.

The ABA's campaign for a renewed emphasis on ethics stems from a desire that lawyers return to the "principles of professionalism."' How law schools should go about teaching their students these principles has never been as clear, for example, as how to teach students federal taxation. Does one try merely to teach students professional responsibility by covering the rules and tenets contained in the Model Rules and Code, or …


Ndls Update 11/1994, Notre Dame Law School Nov 1994

Ndls Update 11/1994, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 03/1994, Notre Dame Law School Mar 1994

Ndls Update 03/1994, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 09/1993, Notre Dame Law School Sep 1993

Ndls Update 09/1993, Notre Dame Law School

NDLS Update

No abstract provided.


Bulletin Of Information, University Of Notre Dame Law School 1994–95, Volume 89, Number 5, Notre Dame Law School Aug 1993

Bulletin Of Information, University Of Notre Dame Law School 1994–95, Volume 89, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Programs

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Professional Staff

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy O'Neill Chair in Law

Robert E. and Marion D. Short Chair in Law

The Paul Schier Chair in Legal Ethics

The Concannon Program of …


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver Jan 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

In New York Times Co. v. Sullivan, the United States Supreme Court extended First Amendment guarantees to defamation actions. Many greeted the Court's decision with joy. After the decision, many years elapsed during which "there were virtually no recoveries by public officials in libel actions."

The most important component of the New York Times decision was its "actual malice" standard. This standard provided that, in order to recover against a media defendant, a public official must demonstrate that the defendant acted with "malice." In other words, the official must show that the defendant knew that the defamatory statement was false …


Ndls Update 12/1992, Notre Dame Law School Dec 1992

Ndls Update 12/1992, Notre Dame Law School

NDLS Update

No abstract provided.


The Dean's Report: The Law School: 1991–92 Academic Year (Acting Dean Fernand N. Dutile), Fernand N. Dutile Sep 1992

The Dean's Report: The Law School: 1991–92 Academic Year (Acting Dean Fernand N. Dutile), Fernand N. Dutile

1975–1999: David T. Link

Acting Dean, Fernand N. Dutile, provides a description of the state of Notre Dame Law School as it closes the 1991–1992 academic year. The elements covered in his report include: administration, faculty, students, general comments, and priorities. Two addendums, both dated August 31, 1992 are the text of presentations on the "State of the Law School," delivered by Tex Dutile, and "The State of the Law Library," delivered by Janis Johnston. Supplementary reports are included from the Kresge Law Library, the National Institute for Trial Advocacy, the Thomas J. White Center on Law & Government, the Journal of College and …


Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton Jan 1992

Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton

Journal Articles

The Federal Circuit reviews Indian claims because Congress combined the former Court of Claims, which had jurisdiction over Indian claims, with the Court of Patent and Customs Appeals to create the new Claims Court. The jurisdiction of the Court of Claims also included some patent cases as well as tax, contract, pay suits, takings cases, and congressional reference cases. Congress added the Court of Claims to this mix in part to counter the argument that the two new courts, the Claims Court and the Federal Circuit, would become overly specialized.

Indian claims comprise only a tiny portion of the jurisdiction …


The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le Jan 1992

The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le

Journal Articles

In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …


Your Right To Privacy: A Selective Bibliography, Sandra S. Klein Jan 1992

Your Right To Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


Notre Dame Law School Annual Report: Academic Year 1990–1991 (Acting Dean Fernand N. Dutile), Fernand N. Dutile Sep 1991

Notre Dame Law School Annual Report: Academic Year 1990–1991 (Acting Dean Fernand N. Dutile), Fernand N. Dutile

1975–1999: David T. Link

Acting Dean, Fernand N. Dutile, provides a description of the state of Notre Dame Law School as it closes the 1990–1991 academic year. The elements covered in his report include: important developments, strengths, and needs. Supplementary reports are included from the Kresge Law Library, the National Institute for Trial Advocacy, the Thomas J. White Center on Law & Government, the Journal of College and University Law, the Center for Civil and Human Rights, the London Law Programme, the Summer London Law Program, and the Notre Dame Law Review.


Bulletin Of Information, University Of Notre Dame Law School 1992-93, Volume 87, Number 5, Notre Dame Law School Aug 1991

Bulletin Of Information, University Of Notre Dame Law School 1992-93, Volume 87, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Programs

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy

O'Neill Chair in Law

Robert E. and Marion D. Short Chair

The Paul J. Schier Chair in Legal Ethics

The Concannon Program of International Law

The Center …


Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer Jan 1991

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …


Bulletin Of Information, University Of Notre Dame, The Law School 1991–92, Volume 86, Number 5, Notre Dame Law School Aug 1990

Bulletin Of Information, University Of Notre Dame, The Law School 1991–92, Volume 86, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Program

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy O'Neill Chair in Law

Robert E. and Marion D. Short Chair

The Paul]. Schier Chair in Legal Ethics

The George N. Shuster University …


Minimum Wage As Industrial Policy: A Forgotten Role, The;Symposium On Poverty, Marc Linder May 1990

Minimum Wage As Industrial Policy: A Forgotten Role, The;Symposium On Poverty, Marc Linder

Journal of Legislation

No abstract provided.


Bulletin Of The University Of Notre Dame The Law School 1990–91, Volume 85, Number 5, University Of Notre Dame Aug 1989

Bulletin Of The University Of Notre Dame The Law School 1990–91, Volume 85, Number 5, University Of Notre Dame

Bulletins of Information

Notre Dame's Law School is located at the entrance to the campus of the University of Notre Dame, a Holy Cross institution, founded in 1842 by the Rev, Edward F, Sorin, C.S.C., a French priest of the Congregation of Holy Cross.

The school is approved by the American Bar Association and is a member of the Association of American Law Schools. It is a community of faculty and students of every race and creed from throughout the nation and the world. The Notre Dame program aims to educate men and women to become lawyers of extraordinary professional competence who possess …


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Jan 1989

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …


Bulletin Of Information, University Of Notre Dame, The Law School 1989–90, Volume 84, Number 5, University Of Notre Dame Jul 1988

Bulletin Of Information, University Of Notre Dame, The Law School 1989–90, Volume 84, Number 5, University Of Notre Dame

Bulletins of Information

Notre Dame Law School

4 Notre Dame Law School

4 Honor Code

6 Foreign Law Study

7 Graduate Law Program

7 Joint Degree Programs

8 Requirements for Admission and Graduation

10 Fees and Expenses

10 Financial Aid Program

The Law Program

14 Student Activities

17 Curriculum

17 Course Descriptions

Appendix

26 Officers of Administration

26 The Law School Faculty

27 London Faculty

27 Practice Court Judges

28 Faculty Profiles

34 Endowed Chairs

34 The Joseph A. Matson Chair in Law

34 The John N. Matthews Chair in law

34 The William and Dorothy O'Neill Chair in Law

35 The Robert …


Contracting By The Federal Government For Legal Services: A Legal And Empirical Analysis, William V. Luneburg Jan 1988

Contracting By The Federal Government For Legal Services: A Legal And Empirical Analysis, William V. Luneburg

Notre Dame Law Review

No abstract provided.


Attorney Fee Forfeiture Under The Comprehensive Forfeiture Act Of 1984: If It Works, Don't Fix It, William R. Cowden Jan 1988

Attorney Fee Forfeiture Under The Comprehensive Forfeiture Act Of 1984: If It Works, Don't Fix It, William R. Cowden

Notre Dame Law Review

No abstract provided.


Unsteady Triumvirate, John F. Grady Jan 1988

Unsteady Triumvirate, John F. Grady

Notre Dame Law Review

No abstract provided.


Lawyers As Assimilators And Preservers, Thomas L. Shaffer, Mary M. Shaffer Jan 1988

Lawyers As Assimilators And Preservers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

The United States, more than most nation-states, has a history of confrontations between one culture and another, and of law as a means of ending cultural confrontations. Again and again in America, our dominant Anglo-Saxon Protestant culture has dealt with an alien culture and, as the story is usually told, overcome it. The dominant culture has used the law to bring the vulnerable culture into conformity to what we have referred to as "the American way."

We want to suggest that such a legal figure has two ways of using his legal power to deal between cultures—ways that are different …