Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (5)
- Constitutional Law (3)
- Education Law (3)
- First Amendment (3)
- Human Rights Law (3)
-
- Religion Law (3)
- Civil Law (2)
- Contracts (2)
- Courts (2)
- Family Law (2)
- Labor and Employment Law (2)
- Land Use Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Legal Profession (2)
- Natural Law (2)
- Sexuality and the Law (2)
- Administrative Law (1)
- Admiralty (1)
- Antitrust and Trade Regulation (1)
- Business (1)
- Commercial Law (1)
- Criminal Law (1)
- Election Law (1)
- Entertainment, Arts, and Sports Law (1)
- Health Law and Policy (1)
- Internet Law (1)
- Jurisdiction (1)
- Keyword
-
- Religion (3)
- Constitution (2)
- Divorce (2)
- First Amendment (2)
- Human rights (2)
-
- International law (2)
- Legal ethics (2)
- Tribute (2)
- Academic calendar (1)
- Adjudication (1)
- Administration (1)
- Administrative (1)
- Administrative regulations (1)
- Admiralty (1)
- Aesthetic (1)
- Antiabuse (1)
- Antitrust enforcement (1)
- Antitrust law (1)
- Avoidance (1)
- Awards (1)
- Buckley v. Valeo (1)
- Bulletin (1)
- Campaign finance (1)
- Campus map (1)
- Catholic lawyers (1)
- Catholicism (1)
- Chastity (1)
- Code of conduct (1)
- Cohabitation (1)
- Commencement (1)
Articles 1 - 30 of 55
Full-Text Articles in Law
Ndls Update 12/2001, Notre Dame Law School
Ndls Update 11/2001, Notre Dame Law School
Ndls Update 10/2001, Notre Dame Law School
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
Journal Articles
When Michelle Marvin was forced to leave the home she shared with what today we would call her partner, Lee Marvin, she had a number of problems. The first ones, of course, were legal: she had no marriage with Lee and no written contract that could distinguish their relationship from "mere cohabitation." Nor had she contributed directly to his career or other assets. What she alleged was his express promise to "take care of her" (for some time period that was not altogether clear) and, less obviously, a promise implied by all she had done with and for him during …
Red Mass Invitation 2001, Notre Dame Law School
Red Mass Invitation 2001, Notre Dame Law School
The Red Mass
Most Rev. Daniel R. Jenky. C.S.C. Auxiliary Bishop of Fort Wayne-South Bend, and the Notre Dame Law School request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers. judges and civil government officials at the Basilica of the Sacred Heart on Sunday. September 30, 200 I at I 0 AM The renewal of this ancient tradition in which God's blessing is asked on all those who serve the law will be followed by a reception at the La Fortune Student Center Ballroom. An invitation is extended to all lawyers. judges, …
Ndls Update 09/2001, Notre Dame Law School
Bulletin Of The University Of Notre Dame The Law School 2001–02, Volume 97, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2001–02, Volume 97, Number 4, University Of Notre Dame
Bulletins of Information
CONTENTS
Graduate Law Programs
Dual-Degree Programs
Requirements for Graduation and Good Academic Standing
Tuition and Fees
Withdrawal Regulations
Curriculum
Law School Courses
Course Descriptions
Officers of Administration
Law School Faculty
Law School Calendar
Important Addresses
Hoynes Code, The, Patricia A. O'Hara
Hoynes Code, The, Patricia A. O'Hara
Hoynes Code
This code governs legal education at the University of Notre Dame in all programs and in all locations.
The Notre Dame Law School Honor Code is included as Appendix A.
Ndls Update 08/2001, Notre Dame Law School
156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
156th University of Notre Dame Commencement and Mass Program including Law School awards
Ndls Update 05/2001-06/2001, Notre Dame Law School
Associate Professor Matthew J. Barrett '82, '85 J.D., Diploma Ceremony Address, Matthew J. Barrett
Associate Professor Matthew J. Barrett '82, '85 J.D., Diploma Ceremony Address, Matthew J. Barrett
Commencement Programs
Commencement Address by Matthew J. Barrett, recipient of the 2001 Law School Distinguished Teaching Award
Ndls Update 04/2001, Notre Dame Law School
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Journal Articles
The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.
The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …
Ndls Update 03/2001, Notre Dame Law School
Ndls Update 02/2001, Notre Dame Law School
Ndls Update 01/2001, Notre Dame Law School
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case U.S. Postal Service v. Gregory, 534 U.S. 1, 2001. The author expected the case to examine whether, under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) abuse its discretion when it considers prior discipline that is currently being challenged by the employee in ongoing grievance proceedings?
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Journal Articles
Years ago, when I was the resident guru in legal ethics at Washington and Lee University, in the little mountain town of Lexington, Virginia, a reporter from the daily newspaper in Roanoke asked me to identify the most serious ethical issue for American lawyers. My answer: "Money."
Part of that answer reflected the fact that American lawyers make about twice as much money as lawyers in other "developed" countries. And American lawyers make, on the average, fifty percent more than average Americans do. (Reference to averages and means here do not reflect how steep the incline is from the middle …
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 …
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Journal Articles
This article criticizes the cardinal rule of statutory construction known as the avoidance canon - that statutes must be interpreted to avoid raising serious constitutional questions - as failing to respect the proper constitutional roles of both Congress and the Executive. It argues that the avoidance canon in practice cannot be grounded in legislative supremacy, which is the common justification for it offered by the Supreme Court, because it assumes without foundation that Congress would always prefer not to come close to the constitutional line in enacting statutes. Instead, the avoidance canon creates pressure for courts to adopt statutory meanings …
Trouble Preserving Paradise?, Nicole Stelle Garnett
Trouble Preserving Paradise?, Nicole Stelle Garnett
Journal Articles
Election day 2000 was not a good day for proponents of suburban growth controls. The overwhelming initial support for initiatives that proposed state-wide growth management plans in Colorado and Arizona withered in the face of vigorous opposition campaigns. And, pro-planning forces in Oregon woke up on Wednesday morning to learn that voters had approved a little-noticed initiative amending the state constitution to require compensation for partial takings - that is, for any reduction in the fair market value of property resulting from government regulation - thus throwing into question the future of the State's widely touted model controlled-growth scheme.
These …
Chasing Bits Across Borders, Patricia L. Bellia
Chasing Bits Across Borders, Patricia L. Bellia
Journal Articles
As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
Journal Articles
Individuals struggling to move from welfare to work face numerous obstacles. This Article addresses one of those obstacles: lack of transportation. Without reliable transportation, many welfare recipients are unable to find and maintain jobs located out of the reach of traditional forms of public transportation. Professor Garnett argues that lawmakers should remove restrictions on informal van or jitney services, allowing entrepreneurs to provide low-cost transportation to their communities. This reform would not only help people get to work, but it could also provide jobs for low-income people.
In Search Of Prince Charming, Margaret F. Brinig
In Search Of Prince Charming, Margaret F. Brinig
Journal Articles
This response begins by addressing the different perspectives as presented by the panel “Sex, Lies and Exploitation.” One of the panelists, professor Plasencia, presented a powerful and graphic documentation of digital communication’s influence on the sex industry. Some of the images involved explicitly portrayed the sex trade while in others, it was portrayed more subtly as an arranged or mail-order marriage. The author's response to professor Plasencia is mixed. On the one hand, it is rather easy these days for one to mistakenly encounter a sexually explicit website. On the other hand, however, since little information exists on how widespread …
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Journal Articles
Elihu Root pursued two themes relevant to international law and crisis. He believed firmly in the value of arbitration and adjudication to prevent crisis. He also worked toward the codification and greater specificity of international law so that judges and arbitrators would have more law available to apply in aid of crisis prevention. When crisis had not been prevented, as in the case of World War I, Root did not in fact believe international law-either process or substance-had much to offer. In his view, the Kaiser started World War I because he was bent on hegemony. Arbitration would not stop …
Contracting With Electronic Agents, Anthony J. Bellia
Contracting With Electronic Agents, Anthony J. Bellia
Journal Articles
Established contract doctrine provides no clear answer to the question whether exchanges arranged by the interaction of electronic agents are enforceable. This Article explores whether the law should enforce exchanges arranged by the interaction of electronic agents. It examine how normative theories of contractual obligation inform the issue, with an eye toward the strengths and weaknesses of each theory. The theories that most strongly support the enforcement of exchanges arranged by electronic agents, this Article explains, are those that ground contractual obligation in protecting the ability of individuals to pursue their reasonable objectives through reliable arrangements.
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
Journal Articles
Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …