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Law Library Newsletter, Volume 1, Issue 4 – November/December 2009, Kresge Law Library

Law Library Newsletter

We are quickly moving toward the end of the fall 2009 semester. For me and my colleagues in the Kresge Law Library, the end of this semester will mean that we are only one semester away from the completion of the renovation of the “old” law school. As the 2010 spring semester ends, we will be starting to move all of our print volumes and microforms into Biolchini Hall. This edition of the Law Library News contains some photographs of the construction site. The Reading Room ceiling has been finished, and I think the final renovated space will be spectacular. …

Red Mass 2009, Notre Dame Law School

The Red Mass

The Red Mass October 11, 2009 10:00 am Mass Basilica of the Sacred Heart University of Notre Dame Notre Dame, Indiana

Irish Law 2009, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Featured Faculty On Ndls Home Page: Daniel B. Kelly – September 21, 2009, Daniel B. Kelly

NDLS in the News

Daniel B. Kelly was a Featured Faculty on NDLS Home Page on September 21, 2009.

Law Library Newsletter, Volume 1, Issue 3 - September/October 2009, Kresge Law Library

Law Library Newsletter

The beginning of the fall 2009 semester marks another benchmark in the physical transformation of the Notre Dame Law School facility. This will be the only complete academic year without dedicated library study and research space and with just one-quarter of our print collection onsite. For first year students, this will mark some changes in the way that we teach legal research. We continue to strive to balance our teaching of various methods of online access to legal information with locating and using traditional print materials. We survey our students annually to monitor what law firms expect in research methods …

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …

Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School

About the Law School

The blessing rite for the Saint Thomas More Chapel, Eck Hall of Law, University of Notre Dame took place on August 30, 2009.

Presiding: Most Reverend John M. D'Arcy, Bishop, Fort Wayne-South Bend Diocese

Concelebrants:

• Rev. John Coughlin, O.F.M., Professor of Law and Concurrent Professor of Theology
• Rev. John Jenkins, C.S.C., President of the University of Notre Dame
• Rev. Richard Warner, C.S.C., Superior General of the Congregation of Holy Cross
• Rev. Peter Rocca, C.S.C., Rector for the Basilica of the Sacred Heart at the University of Notre Dame

Hoynes Code, The, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations.

Bulletin Of The University Of Notre Dame The Law School 2009–10, Volume 105, 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

Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library

Law Library Newsletter

This second issue of Law Library News highlights the dynamic nature of life and work in the Kresge Law Library. Amongst the many pictures of the construction phases of Eck Hall, you will find helpful material gleaned from professional conferences and staff experiences with the continuing evolution of electronic access to information. To me, though, the focus this summer continues to be on our continual quest to provide excellent service to all of our patrons in our transitional environment. That transitional environment includes the impact of our construction project and the changing nature of information delivery. On the construction side, …

Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick

Journal Articles

This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.

University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame

Commencement Programs

No abstract provided.

164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

164th Commencement and Mass Program

Saturday, May 16, 2009

Law Library Newsletter, Volume 1, Issue 1 - May/June 2009, Kresge Law Library

Law Library Newsletter

You either have in your hands a printed page or are reading from a screen a copy of volume 1, number 1, of Law Library News and that is entirely appropriate. As the Kresge Law Library continues its physical transformation into the wonderful space that will become its home in Biolchini Hall, those of us who toil here and those of you who benefit from our work on your behalf are also continuing to experience a dramatic transformation in the delivery of legal information. During the 18 months of renovation, two-thirds of the library’s physical collection is located offsite. Yet, …

The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley

Journal Articles

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …

Law Library Guide 2009–2010, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds

Writings

No abstract provided.

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …

Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith

Journal Articles

The opinions of Justice Thomas reflect a jurisprudence that is uniquely his own. His well-known commitment to textualism and originalism combines with a weak commitment to stare decisis on constitutional questions. This often puts Thomas at odds with Justice Scalia and other Justices who are far more willing to defer to precedents with which they disagree. The most distinctive aspect of Thomas's jurisprudence, however, involves cases of particular concern to black Americans. In these cases, his originalism and textualism are powerfully supplemented by another -ism—namely, "black nationalism."

Throughout his tenure, Justice Thomas has repeatedly explored the implications of controversial rulings …

International Human Rights Law And Security Detention, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

Journal Articles

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …

A Modern Legal Ethics: Adversary Advocacy In A Democratic Age, Robert E. Rodes

Journal Articles

Professor Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject. He begins by asserting "that adversary advocates commonly do, and indeed are often required to do, things in their professional capacities, which, if done by ordinary people in ordinary circumstances, would be straightforwardly immoral" (1). Noting that lawyers commonly take issue with such a claim, he sets out to prove it in a chapter called "The Lawyerly Vices," divided into two sections: "Lawyers Lie," and "Lawyers Cheat." Against these, he sets the "lawyerly virtues" of "professional detachment" and "fidelity."

Taking Strickland Claims Seriously, Stephen F. Smith

Journal Articles

Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 688 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys.

This Essay canvasses a line …

Rethinking Adequacy Of Representation, Jay Tidmarsh

Journal Articles

This article questions the usefulness of traditional tests for adequacy of representation in class action proceedings. When determining whether to certify a class, courts have sought to avoid endorsing those classes marred by conflicting interests or the possibility of collusion. Yet, such conflicts of interest are an intrinsic characteristic of class actions, stemming from the very policy rationales that have prompted the judiciary to allow litigation by classes. As a result, the current doctrine of adequate representation has left the courts without a bright-line rule; instead, the courts' inquiries into adequacy of representation must focus primarily on the degree of …

Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett

Journal Articles

Our topic at this symposium is "religion, the state, and constitutionalism"-not "the Constitution," or "the First Amendment," but "constitutionalism." Countless conferences, cases, books, and articles have wrestled with one version or another of the question, "how does our Constitution, with its First Amendment and its religion clauses, promote, protect, or perhaps restrain religion?" We are considering, it seems to me, a question that is different, and that is different in interesting and important ways: What are connections between religion and religious freedom, on the one hand, and constitutionalism, on the other?

Federalization In Information Privacy Law, Patricia L. Bellia

Journal Articles

In Preemption and Privacy, Professor Paul Schwartz argues that it would be unwise for Congress to adopt a unitary federal information privacy statute that both eliminates the sector-specific distinctions in federal information privacy law and blocks the development of stronger state regulation. That conclusion, though narrow, rests on descriptive and normative claims with broad implications for the state-federal balance in information privacy law. Descriptively, Professor Schwartz sees the current information privacy law landscape as the product of successful experimentation at the state level. That account, in turn, fuels his normative claims, and in particular his sympathy with theories of competitive …

An Alternate Approach To Channeling?, Mark P. Mckenna

Journal Articles

Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product’s performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article’s design that are dictated by function and to channel protection …

Private Norms And Public Spaces, Nicole Stelle Garnett

Journal Articles

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

The Effectiveness Of Biodiversity Law, John C. Nagle

Journal Articles

The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …

Response To Michael Sandel, Stephen F. Smith

Journal Articles

Professor Michael J. Sandel has treated us to an elegant argument against efforts by athletes to use medicine to "enhance" their bodies or by parents, in effect, to genetically engineer their children. I cannot agree with him more that "playing God" (my phrase, not his) in these ways is fundamentally an exercise in hubris, a rejection of the gifts that we have been given. I cannot improve on Professor Sandel's presentation of his argument. Unlike some Supreme Court Justices, I know that I am not a philosopher. Having said that, one of the joys of being a law professor is …