Law Commons^™

Fc21 – What Should It Mean For A Catholic University To Be 'Anti-Racist'?, Marcus Cole, Robert K. Vischer

2019–Present: G. Marcus Cole

By Robert K. Vischer (University of St. Thomas School of Law), with a response by G. Marcus Cole (Notre Dame Law School). From the 2021 Notre Dame Fall Conference, "I Have Called You By Name: Human Dignity in a Secular World". Session chair: Sean Seymore (Notre Dame Law School).

Full speaker lineup: https://ethicscenter.nd.edu/programs/

Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Mass Of Christian Burial, University Of Notre Dame

1975–1999: David T. Link

Rev. David Thomas Link, Dean Emeritus

August 24, 1936 to October 28, 2021

Mass of Christian Burial

Basilica of the Sacred Heart

Notre Dame, Indiana

November 8, 2021

Mass Card Matthew 25:35-36, University Of Notre Dame

1975–1999: David T. Link

Mass Card

Mass Card Hebrews 13:1-3, University Of Notre Dame

1975–1999: David T. Link

Mass Card

Dean Marcus Cole's Message, G. Marcus Cole

1975–1999: David T. Link

Dean Cole informs the Notre Dame Law School community of the passing of Fr. David T. Link '58, JD '61.

In Memoriam: Notre Dame Law School Dean Emeritus Rev. David T. Link, Dennis Brown

1975–1999: David T. Link

Rev. David T. Link, the Joseph A. Matson Dean Emeritus of Notre Dame Law School, once said, “Your vocation is what you do to make a living. Your purpose in life is what you do to make living worthwhile.”

Father Link had both — in abundance.

A prosecutor, professor, and priest, Father Link died Thursday (Oct. 28). He was 85.

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall

Washington and Lee Law Review Online

The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …

Fr. David Link, Faculty Profile, Notre Dame Law School

1975–1999: David T. Link

Dean David T. Link, a member of the Notre Dame Law School faculty since 1970 and dean from 1975 to 1999, enjoyed the longest enure among American law school deans until his promotion to dean emeritus.

Tribute To Professor Bonita K. Roberts, David A. Schlueter

St. Mary's Law Journal

A tribute to St. Mary's University School of Law Professor Bonita K. Roberts.

Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather

St. Mary's Law Journal

A tribute to Bonita K. Roberts, a professor at St. Mary's University School of Law.

In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey

St. Mary's Law Journal

A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.

First Generation Professionals: An Evening With Dean Cole, Marcus Cole, Phenia Hovsepyan

2019–Present: G. Marcus Cole

Joseph A. Matson Dean and Professor of Law G. Marcus Cole discusses his experience as a young man with dreams of becoming a lawyer, the life lessons he has learned along the way, advice for Notre Dame Law students, and his hopes for the Law School in a conversation hosted by the First Generation Professionals student group. The event was held on Oct. 5, 2021, and moderated by 2L Phenia Hovsepyan, president of First Generation Professionals.

Getting Comfortable With Discomfort, Diversity & Repair, Luz E. Herrera

Faculty Scholarship

The topic of this year's conference, diversity, pluralism, and repair, gives us so much to talk about, that for me, it was hard to know where we were to begin. Dean Angela Onwuachi-Willig focused on judicial appointments and the importance of a diverse bench for the legal profession, and in our society. She also discussed becoming comfortable with discomfort and I wanted to pick up on that thread. When I think about discomfort, I think about my own journey in the legal profession.

Keep Passing The Baton: Reflections On The Legacy Of Ruth Bader Ginsburg, Angela Onwuachi-Willig

Faculty Scholarship

For those who care about justice, particularly for marginalized communities, September 18, 2020 brought immense heartbreak.² On that day, which happened to be Rosh Hashanah, Justice Ginsburg, who had previously written about how her religious background shaped her career as a lawyer, ³ passed away.

When Justice Ginsburg passed, many highlighted that a person who dies on Rosh Hashanah, the start of the Jewish New Year, is a "Tzadik," which is a title given to people of great righteousness. ⁴ For example, Nina Totenberg, a reporter for National Public Radio, explained, "A Jewish teaching says those who died just …

Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel

Book Reviews

No abstract provided.

Edward A. Purcell, Antonin Scalia And American Constitutionalism: The Historical Significance Of A Judicial Icon, Matthew J. Steilen

Book Reviews

No abstract provided.

Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig

Washington and Lee Law Review

Commentary from Dean Brant Hellwig of the Washington and Lee University School of Law on the 2020-2021 Annual Lara D. Gass Symposium celebrating Hon. Roger L. Gregory, Chief Judge of the U.S. Court of Appeals for the Fourth Circuit, and this special issue of the Law Review featuring scholarship relating to that event.

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas

William & Mary Journal of Race, Gender, and Social Justice

This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender justice, however, …

2021 Academy Of Law Alumni Fellows Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.

Lifetimes: Fred Aman '67, Merging The Worlds Of Law And Music, University Of Rochester

Alfred Aman Jr. (1991-2002)

Now the holder of a named professorship at the Maurer School of Law at Indiana University Bloomington, University of Rochester Life Trustee Fred Aman '67 retired last year after a decorated career as an attorney, legal scholar, and academic administrator. Along the way, he's been an accomplished jazz drummer.

To read more and hear some of Aman's music, visit uofr.us/fred-aman

Tribute To Professor David Bruck, Cristina Becker, C. Elizabeth Belmont, Johanna Bond, J.D. King, Zoe Bruck, Judy Clarke, Dawn M. Davison, Bernadette M. Donovan, Matthew L. Engle, William S. Geimer, Dan Goldman, Brandon Hasbrouck, Laura G. Hastay, Alexandra L. Klein, Emily Kuchar, Charu Kulkarni, Kristina Leslie, Kamyle Li, Kevin Mcnally, Maisie Osteen, Jonathan Shapiro, Scott E. Sundby

Washington and Lee Law Review

A tribute to Professor David I. Bruck, who served on the faculty of the Washington and Lee University School of Law from 2004 to 2020. Bruck directed W&L's death penalty defense clinic, the Virginia Capital Case Clearinghouse, also known as "VC3". He became Professor of Law, Emeritus in 2020.

Racial Revisionism, Shaun Ossei-Owusu

Michigan Law Review

A Review of The Enigma of Clarence Thomas. by Corey Robin.

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.

A Conversation With Justice Alan Page, Marcus Cole, John Jenkins, C.S.C., Justice Alan Page, Kaya Lawrence

2019–Present: G. Marcus Cole

Retired Minnesota Supreme Court Justice Alan Page, a 1967 University of Notre Dame graduate and the first African-American justice to serve on Minnesota’s highest court, will join G. Marcus Cole, the Joseph A. Matson Dean of Notre Dame Law School, for a virtual “fireside chat” at noon Jan. 18 (Monday), as part of the University’s commemoration of Martin Luther King Jr. Day. Page has been inducted into both the NFL and College Football Halls of Fame.

More information can be found at https://go.nd.edu/WalktheWalk

Dean G. Marcus Cole's Statement On The U.S. Capitol Attack, Marcus Cole

2019–Present: G. Marcus Cole

Dean G. Marcus Cole provides a clear statement to the members of the Notre Dame Law School community regarding the January 6, 2021, terrorist assault on the United States Capitol.

Perma.cc

Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers

Scholarly Articles

Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …

Where's Rudy?, James E. Moliterno

Scholarly Articles

Choice of law in lawyer discipline matters, and the language among the popular choice of law rules in use matters. The core goals of choice of law principles should not limit the choices to the states in which a lawyer has a full, formal license. Doing so undermines the modern choice of law interests analysis by eliminating jurisdictions that may have the greatest interest in the conduct.

Lawyers cross borders physically and electronically on a daily basis. Accordingly, choice of law rules are critical, especially when a lawyer engages in missions that are targeted at particular jurisdictions, as Rudy Giuliani …

Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg

Faculty Publications

Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …