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Articles 1 - 30 of 58
Full-Text Articles in Law
Ndls Update 11/2003-12/2003, Notre Dame Law School
Final Justice, Richard W. Garnett
Final Justice, Richard W. Garnett
Journal Articles
Richard Garnett reviews Stuart Banner, The Death Penalty: An American History (2002) & Franklin E. Zimring, The Contradictions of American Capital Punishment (2003).
Notre Dame Lawyer - Fall 2003, Notre Dame Law School
Notre Dame Lawyer - Fall 2003, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
About the Law School
To the Notre Dame Law School Class of 2006:
Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like.
This is an insider’s guide because it was written entirely by students. A group of volunteers have put …
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Journal Articles
One of the core assumptions of the traditional economic approach to antitrust law is that competitors are perfectly rational, profit-maximizing, decision makers. Sometimes, this assumption serves as a useful simplification of business behavior, providing an effective foundation for antitrust doctrine. At other times, however, assuming strictly rational behavior on the part of competitors is not “approximately right” but, instead, “perfectly wrong.” In these latter cases, the reliance on the perfect rationality assumption can lead scholars to mispredict market behavior and, possibly, advocate erroneous prescriptions for antitrust policy. In contrast, a behaviorally informed approach to antitrust law is based on scientific …
Red Mass 2003, Notre Dame Law School
Red Mass Invitation 2003, Notre Dame Law School
Red Mass Invitation 2003, Notre Dame Law School
The Red Mass
Most Rev. John M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass committee requests the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students, and civil government officials at the Basilica of the Sacred Heart on Sunday September 28, 2003 at 10 AM.
Ndls Update 09/2003-10/2003, Notre Dame Law School
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.
Bulletin Of The University Of Notre Dame The Law School 2003–04, Volume 99, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2003–04, Volume 99, 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
158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
158th University of Notre Dame Commencement and Mass Program including Law School awards
Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis
Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis
Journal Articles
Julius Caesar's reign as dictator and praefectus morum for life ended with his assassination in 44 B.C. It was preceded by over four hundred years of consular rule, a system of executive government by two consuls, elected for a one-year term. Consular government began in 509 B.C., ending the hundred-year rule of the Tarquin kings. Three works printed in 1594 recalled for English readers the overthrow of the Tarquins and the establishing of consular government. One was dedicated to the Earl of Essex. Another, by William Shakespeare, was dedicated to Essex's close companion, the Earl of Southampton. The third work …
Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia
Professor Anthony J. Bellia, Jr. Commencement Address, Anthony J. Bellia
Commencement Programs
Graduation Address by Professor Anthony J. Bellia Jr., Recipient of the 2003 Law School Distinguished Teacher Award.
Notre Dame Lawyer - Spring 2003, Notre Dame Law School
Notre Dame Lawyer - Spring 2003, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Ndls Update 03/2003-04/2003, Notre Dame Law School
Ndls Update 01/2003-02/2003, Notre Dame Law School
Law Library Guide 2003–2004, Kresge Law Library, Research Services Department
Law Library Guide 2003–2004, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
Gaming The Hatch-Waxman System: How Pioneer Drug Makers Exploit The Law To Maintain Monopoly Power In The Prescription Drug Market, Elizabeth Powell
Gaming The Hatch-Waxman System: How Pioneer Drug Makers Exploit The Law To Maintain Monopoly Power In The Prescription Drug Market, Elizabeth Powell
Journal of Legislation
No abstract provided.
Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin
Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin
Journal Articles
Since his election in 1978 as the Successor to the Apostle Peter, His Holiness Pope John Paul II has remained one of the principal protagonists on the global stage for the dignity and value of every human being. Although the popular press and media sometimes have been slow to recognize this message, an online search of the Holy Father's copious encyclicals, addresses, and homilies reveals that he has advocated human dignity literally hundreds of times during the course of his twenty-five year pontificate. In fact, long before his election as Pope, Karol Wojtyla was developing his understanding of the dignity …
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Journal Articles
With the end of the Cold War and the emergence of the United States as the world's only superpower, we have heard expressions of concern about the great weight of American influence in so many aspects of international life. One area of concern is America's influence on the law and processes of international dispute resolution (IDR). Of all the practice areas in IDR, practitioners and scholars of international arbitration have had the most detailed discussions on this theme to date. Their greatest worry is the growing tendency toward American litigation style in a process that is neither American nor litigation. …
Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey
Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey
Journal Articles
The attorneys' fees awarded to plaintiffs’ counsel in securities fraud class actions have generated controversy for years. Critics have claimed that enormous fee awards come at the expense of defrauded investors and simply spur extortionate lawsuits against issuers and other potential deep pocket defendants. Commentators also have raised concerns that plaintiffs' class action lawyers manipulated class representatives, persons who had little incentive to monitor class counsel’s activities.
To address these concerns, Congress enacted the Private Securities Litigation Reform Act ("PSLRA"). Among other things, the statute sought to protect absent class members by giving control of the litigation to lead plaintiffs …
"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza
"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza
Journal Articles
This article examines the judicial use of foreign jurisprudence in human rights adjudication, using as data a set of court decisions regarding the death penalty from over a dozen different tribunals in different parts of the world. The global human rights norms and judicial discourse on human rights in these cases can be understood and explained by comparing the contemporary practices to the medieval ius commune. The modern ius commune of human rights has three distinct characteristics which it shares with the historical example to which it is analogized: it is broadly transnational in scope and application; it is grounded …
A Cultural Tour Of The Legal Landscape: Reflections On Cardinal George's Law And Culture, Charles E. Rice
A Cultural Tour Of The Legal Landscape: Reflections On Cardinal George's Law And Culture, Charles E. Rice
Journal Articles
When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.
The obvious method of reversing a Supreme Court interpretation …
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny
Journal Articles
A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …
Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig
Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig
Journal Articles
I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.
Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …
Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick
Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Brewer v. Jim's Concrete of Brevard, 538 U.S. 691 (2003). The author expected the Court to address the issue of whether the language of the Fair Labor Standards Act providing that "an action . . . may be maintained in any federal or state court" constitutes an express provision prohibiting removal to federal court when the plaintiff has chosen to maintain its lawsuit in state court.
The Public-Use Question As A Takings Problem, Nicole Stelle Garnett
The Public-Use Question As A Takings Problem, Nicole Stelle Garnett
Journal Articles
Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote economic development. In Hawaii Housing Authority v. Midkiff, the Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that public use challenges are subject to rational basis review; so long as a taking can be justified by some conceivable public purpose, it will be upheld. Yet in recent years, a number of courts have put the …
The Theological Case For Progressive Taxation As Applied To Diocesan Taxes Or Assessments Under Canon Law In The United States, Matthew J. Barrett
The Theological Case For Progressive Taxation As Applied To Diocesan Taxes Or Assessments Under Canon Law In The United States, Matthew J. Barrett
Journal Articles
Canon 1263 of the 1983 Code of Canon Law allows the diocesan bishop to impose taxes on the parishes in his diocese for diocesan needs. Canon 1263 requires that such taxes be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that canon 1263 also authorizes a progressive tax, which in this context would impose a higher tax rate on parishes with larger incomes. This article argues that Catholic social teachings, …
Law And What I Truly Should Decide, John M. Finnis
Law And What I Truly Should Decide, John M. Finnis
Journal Articles
Suppose we tried to think about law without trying first to describe it or to work out what the concept of it is. Suppose we asked instead whether, and if so why, and when, we-or more precisely each one of us-should favor introducing, having, endorsing, maintaining, complying with and enforcing it. We would be trying to think about law, about something not limited to our own time and town, but as something that people of any time and place of which we are aware would, as we can understand, have the same or similar need for and reasons to comply …
Lawyers And Biblical Prophets, Thomas L. Shaffer
Lawyers And Biblical Prophets, Thomas L. Shaffer
Journal Articles
This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why.
The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity:
Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …