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Articles 1 - 30 of 77
Full-Text Articles in Law
Rethinking Legislative Facts, Haley N. Proctor
Rethinking Legislative Facts, Haley N. Proctor
Notre Dame Law Review
As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …
Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff
Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff
Notre Dame Law Review
Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …
Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar
Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar
Journal Articles
A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.
The Secret Sauce: Examining Law Schools That Overperform On The Bar Exam, Derek T. Muller, Christopher J. Ryan Jr.
The Secret Sauce: Examining Law Schools That Overperform On The Bar Exam, Derek T. Muller, Christopher J. Ryan Jr.
Journal Articles
Since 2010, law schools have faced declining enrollment and entering classes with lower predictors of success despite recent signs of improvement. At least partly as a result, rates at which law school graduates pass the bar exam have declined and remain at historic lows. Yet, during this time, many schools have improved their graduates' chances of success on the bar exam, and some schools have dramatically outperformed their predicted bar exam passage rates. This Article examines which schools do so and why.
Research for this Article began by accounting for law schools' incoming class credentials to predict an expected bar …
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
Journal Articles
This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.
The Professor As Institutional Entrepreneur, Roger P. Alford
The Professor As Institutional Entrepreneur, Roger P. Alford
Journal Articles
Law professors are all about ideas, and the creation of an institute, clinic, or center within a law school is the instantiation of an idea. Ideas embodied in law school institutions become crystallized in the fabric of a school, changing its culture, internalizing its values, and reflecting its priorities. Robert Cochran has helped to establish multiple institutes, centers, and clinics at Pepperdine Caruso Law School, and in so doing he has become the law school's great serial entrepreneur. The institutes Cochran helped to establish have become laboratories to give expression to his ideas about the relationship between faith, ethics, and …
Persons And The Point Of The Law, Richard Garnett
Persons And The Point Of The Law, Richard Garnett
Journal Articles
This short essay is a comment and reflection on a manuscript by Professors John Breen and Lee
Strang, "A Light Unseen: A History of Catholic Legal Education in the United States." It is based on remarks presented at a February 14, 2020 conference, sponsored by the Journal of Catholic Legal Studies and the Center for Law and Religion at St. John's University School of Law. It
addresses, among other things, Breen and Strang's argument that a Catholic law school should have a distinctive "intellectual architecture" and proposes that a distinctive moral anthropology -- that is, an account of what the …
Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan
Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan
Journal Articles
In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations?
Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist. The purpose of this article is to provide an introduction to some of the …
Tax Recognition, Barry Cushman
Tax Recognition, Barry Cushman
Journal Articles
This article was prepared for the St. Louis University Law Journal’s “Teaching Trusts & Estates” issue. Many law students take a course in Trusts & Estates, but comparatively few enroll in a class devoted to the federal wealth transfer taxes. For most law students, the Trusts & Estates course provides the only opportunity for exposure to some of the basic features of the estate tax, the gift tax, the generation-skipping transfer tax, and some related features of the income tax. The coverage demands of the typical Trusts & Estates course do not allow for intensive discussion of these issues, but …
Retaining Color, Veronica Root
Retaining Color, Veronica Root
Journal Articles
It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …
When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert Jones, Gerard F. Glynn, John J. Francis
When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert Jones, Gerard F. Glynn, John J. Francis
Journal Articles
This article documents the types of misconduct that students commit, explores why serious misconduct occurs, examines whether such conduct can be anticipated and reduced by prescreening and monitoring potentially problematic students, and suggests how misconduct might be addressed once it occurs. The authors' analysis thus encompasses both legal obligations and pedagogical considerations, and it takes account of the differing perspectives of clinical professors, law school administrators, and bar examiners. The authors operate from a "student centered" perspective that emphasizes the support and development of law students. This article is prescriptive, therefore, in the extent to which it emphasizes preventive actions …
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Journal Articles
This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.
A Tribute To Robert L. Oakley: Remembering Bob Oakley, Roger F. Jacobs
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).
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Journal Articles
This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.
A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer
A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer
Journal Articles
The first-year introductory course in property law is about all that is left of the traditional black-box curriculum. It is where beginning law students cope with and despair of the arcana of English common law; where, with more detachment than, say, in the torts course, analysis of appellate opinions is what "thinking like a lawyer" means, with no more than peripheral and begrudging attention to modem legislation and administrative law; where legal reasoning is a stretching exercise and initiatory discipline. And, incidentally, surviving bravely the rude invasion of teachers of public law, it is where a teaching lawyer can point …
The Gift Of Milner Ball, Thomas L. Shaffer
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 …
User Surveys: Libraries Ask, "Hey, How Am I Doing?", Dwight B. King
User Surveys: Libraries Ask, "Hey, How Am I Doing?", Dwight B. King
Journal Articles
Mr. King offers suggestions on how to create and use surveys effectively to assess the quality of a library.
In The Mountain/Green Eggheads And Old Hams, Thomas L. Shaffer
In The Mountain/Green Eggheads And Old Hams, Thomas L. Shaffer
Journal Articles
This article presents In the Mountain and Green Eggheads and Old Hams. Green Eggheads and Old Hams is an academic variation on a theme of Professor Seuss.
A Tribute To Frederic L. Kirgis, Thomas L. Shaffer
A Tribute To Frederic L. Kirgis, Thomas L. Shaffer
Journal Articles
Now, hearing of Rick's retirement, I find it hard to imagine Sydney Lewis Hall without him standing guard over the Law Center, or in the dean's office, or from some other nearby vantage point. If Washington and Lee is lucky, Rick will continue to play a role in the welcoming committee, making a welcoming place even warmer. Knowing Rick's commitment to the law school there, I have no doubt he would embrace the role.
While those of us that consider Rick a friend and colleague greet news of his retirement with a reluctant happiness, there is one group that cannot …
An American Tale, Geoffrey J. Bennett
An American Tale, Geoffrey J. Bennett
Journal Articles
How much influence should the legal profession in England and Wales have over law degree courses? Geoffrey Bennett says to consider the U.S. experience before ditching the idea.
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Journal Articles
The first-year introductory course in property law is about all that is left of the traditional black-box curriculum. It is where beginning law students cope with and despair of the arcana of English common law; where, with more detachment than, say, in the torts course, analysis of appellate opinions is what "thinking like a lawyer" means, with no more than peripheral and begrudging attention to modem legislation and administrative law; where legal reasoning is a stretching exercise and initiatory discipline. And, incidentally, surviving bravely the rude invasion of teachers of public law, it is where a teaching lawyer can point …
The University Of St. Thomas Law Library: A New Library For A New Era In Legal Education, Edmund P. Edmonds
The University Of St. Thomas Law Library: A New Library For A New Era In Legal Education, Edmund P. Edmonds
Journal Articles
In spring 2000, the University of St. Thomas in St. Paul/Minneapolis, Minnesota, offered me an intriguing challenge: Would I be willing to help create a brand new law library at St. Thomas' new School of Law? That opportunity was, in many ways, the ultimate chance to reconsider the fundamental underlying premises that form one's basic vision of a law library. One's understanding and thinking about these basic ideas forms the foundation on which one makes critical decisions about the law library every working day. What would it be like to have no past history to either inform or encumber those …
A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer
A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer
Journal Articles
Uncas picked up a five-letter name when he was a boarding school student in Orange, Virginia. By now, it is the way his friends and colleagues, his students and his clients, his wife and his children and his neighbors, identify him. It works throughout the United States and in Canada. I would not be surprised to see it work in, say, the offices of the European Union in Salzburg or in the former Soviet Union. (It occurs to me that this universal name for Andrew W. McThenia, Jr., a name his boarding-school classmates borrowed from James Fenimore Cooper, shares brevity …
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
Journal Articles
In the spring of 1959, when I was faculty advisor of the law review (then called the Notre Dame Lawyer), and my future colleague Bob Blakey was the student associate editor, we worked together on an article called A.I.D.—An Heir of Controversy. The subject, artificial insemination from a donor, was interesting, the treatment was at once lively, rueful, and orthodox, and the conclusion was an engaging shrug of the shoulders: "Upon that note . . . your writer respectfully throws in the towel.'' The author, a graduate of Boston College Law School taking an advanced degree at New York University, …
"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds
"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds
Journal Articles
Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important - and how varied - the process of mentoring has been and continues to be for the growth and evolution of the profession.
Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds
Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds
Journal Articles
In this article, Dean Ed Edmonds describes his relationship with two people who mentored him in his career as a legal librarian.
Legal Writing In The New Millennium: Lessons From A Special Teacher And A "Special Classroom", Kenneth F. Ripple
Legal Writing In The New Millennium: Lessons From A Special Teacher And A "Special Classroom", Kenneth F. Ripple
Journal Articles
After receiving the invitation to address this conference, I found my thoughts often returning to my own education in legal writing. As I recall, my legal writing experience in law school was not a very intensive—or positive—one. As was quite typical in that era (almost thirty-three years ago), the program at my law school was not very extensive: we wrote a memorandum of law and a brief under the guidance of a graduate law student.
My real legal writing education took place in the study of the Chief Justice of the United States. For the better part of five years, …
On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer
On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer
Journal Articles
The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.
White's enterprise is, I …
The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers
The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers
Journal Articles
Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …
"A Day In My Law Library Life," Circa 1997, Dwight B. King, Frank G. Houdek
"A Day In My Law Library Life," Circa 1997, Dwight B. King, Frank G. Houdek
Journal Articles
Contributors describe their lives as law librarians by recounting what they did during a single day at their jobs. Given the wide range of positions and libraries represented by the authors, the pieces collectively represent a snapshot - and a historical record - of the law library profession in 1997.