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Articles 1 - 30 of 59
Full-Text Articles in Law
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.
Notre Dame Lawyer - Fall 2007, Notre Dame Law School
Notre Dame Lawyer - Fall 2007, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Irish Law 2007, Notre Dame Law School
Irish Law 2007, Notre Dame Law School
About the Law School
Dear Notre Dame Law School Class of 2010, Welcome as a potential student to Notre Dame 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 Notrt;: Dame Law School. We also hope that …
University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School
University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School
About the Law School
Notre Dame Law School is like no other:
I say this from experience as an alumna, professor, and Dean. I believe that the Law School's unique character comes not only from famous campus buildings or the immediate public recognition of our name, but also from faculty and students who collectively dedicate themselves to the highest ethical and moral standards in the pursuit of justice. Thus is born "a different kind of lawyer." At Notre Dame, we strive to be a place where students and faculty who are interested in the integration of faith and reason, whether they are Catholics or …
Red Mass Invitation 2007, Notre Dame Law School
Red Mass Invitation 2007, 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 request 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 9, 2007 at 10 AM.
The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.
Bulletin Of The University Of Notre Dame The Law School 2007–08, Volume 103, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2007–08, Volume 103, 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
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin E. Hickman
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin E. Hickman
Notre Dame Law Review
No abstract provided.
The Normative Foundations Of Trademark Law, Mark Mckenna
The Normative Foundations Of Trademark Law, Mark Mckenna
Journal Articles
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a competitor diverted a producer's trade. Moreover, American courts from the very beginning protected a party against improperly diverted trade in part by recognizing a narrow form ofproperty rights in trademarks. Those rights were …
University Of Notre Dame Law School Diploma Ceremony, University Of Notre Dame, Notre Dame Law School
University Of Notre Dame Law School Diploma Ceremony, University Of Notre Dame, Notre Dame Law School
Commencement Programs
Notre Dame Law School Diploma and Hooding Ceremony
162nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
162nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
162nd Commencement and Mass Program
Saturday, May 19, 2007
Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas
Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas
Books
Book Chapter
Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes, in 9 International Law: Revista Colombiana de Derecho Internacional 45 (Diana Carolina Olarte Bacarés, ed., 2007)
ISSN: 1692-8156
Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.
Free To Believe, Richard Garnett
Free To Believe, Richard Garnett
Journal Articles
Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95
Associate Professor Jennifer Mason Mcaward Commencement Address, Jennifer Mason Mcaward
Associate Professor Jennifer Mason Mcaward Commencement Address, Jennifer Mason Mcaward
Commencement Programs
Notre Dame Law School Commencement Speech
JENNIFER M. MASON
ASSOCIATE PROFESSOR OF LAW
Individuals First, Richard Garnett
Individuals First, Richard Garnett
Journal Articles
Richard Garnett reviews Modern Liberty and the Limits of Government by Charles Fried, W.W. Norton, 224 pp. (2006)
Notre Dame Lawyer - Spring 2007, Notre Dame Law School
Notre Dame Lawyer - Spring 2007, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Journal Articles
”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.
Arbitrating Human Rights, Roger P. Alford
Arbitrating Human Rights, Roger P. Alford
Roger P. Alford
Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor—the sovereign—is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, it may invoke contractual provisions in the agreement with the sovereign to arbitrate the question of shared responsibility. While the victims may not …
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …
Law Library Guide 2007–2008, Kresge Law Library, Research Services Department
Law Library Guide 2007–2008, Kresge Law Library, Research Services Department
Law Library Guide
No abstract provided.
National Association Of Women Lawyers Award 1997–2007, Notre Dame Law School
National Association Of Women Lawyers Award 1997–2007, Notre Dame Law School
Student, Faculty, and Staff Awards
For scholarship, motivation, and contribution to the advancement of women in society.
Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny
Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny
Journal Articles
It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.
The topics that Professor Rodes has considered over the years …
Pluralism, Dialogue, And Freedom: Professor Robert Rodes And The Church-State Nexus, Richard W. Garnett
Pluralism, Dialogue, And Freedom: Professor Robert Rodes And The Church-State Nexus, Richard W. Garnett
Journal Articles
The idea of church-state separation and the image of a wall are at the heart of nearly every citizen's and commentator's thinking about law and religion, and about faith and public life. Unfortunately, the inapt image often causes great confusion about the important idea. What should be regarded as an important feature of religious freedom under constitutionally limited government too often serves simply as a slogan, and is too often employed as a rallying cry, not for the distinctiveness and independence of religious institutions, but for the marginalization and privatization of religious faith.
How, then, should we understand church-state separation? …
On Lawyers And Moral Discernment, Robert E. Rodes
On Lawyers And Moral Discernment, Robert E. Rodes
Journal Articles
Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.
Form, Function, And Justiciability, Anthony J. Bellia
Form, Function, And Justiciability, Anthony J. Bellia
Journal Articles
In A Theory of Justiciability, Professor Jonathan Siegel provides an insightful functional analysis of justiciability doctrines. He well demonstrates that justiciability doctrines are ill suited to serve certain purposes-for example, ensuring that litigants have adverse interests in disputes that federal courts hear. Professor Siegel proceeds to identify what he believes to be one plausible purpose of justiciability doctrines: to enable Congress to decide when individuals with "abstract" (or "undifferentiated") injuries may use federal courts to require that federal law be enforced. Ultimately, he rejects this justification because (1) congressional power to create justiciability where it would not otherwise exist proves …
On Hart's Ways: Law As Reason And As Fact, John M. Finnis
On Hart's Ways: Law As Reason And As Fact, John M. Finnis
Journal Articles
This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept …
The Canon Of American Legal Thought, Robert E. Rodes
The Canon Of American Legal Thought, Robert E. Rodes
Journal Articles
Professors Kennedy and Fisher have put together a book containing twenty essays, most of them first published in law reviews. They are elegantly presented, and each is preceded by an introductory essay by one of the editors, which provides background information on the author, analyzes the piece lucidly and succinctly, and situates it in the development of American legal thought. Each piece is also preceded by a bibliography, which further situates it by describing the rest of the author's work and summarizing the commentary it has evoked. All the works are given in full, adding considerably to what can be …
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
Journal Articles
This article describes the origin and sources of the author's jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists' call for a preferential option for the poor.
The Public Choice Of Driving Competence Regulations, Margaret F. Brinig
The Public Choice Of Driving Competence Regulations, Margaret F. Brinig
Journal Articles
Purpose: The purpose of this study is to describe and classify each state's driver's licensing laws and then test whether the licensing laws affect the percentages of over-64 persons licensed and the proportion of older drivers involved in accidents to determine an optimal level of driving.
Design and Methods: This paper evaluates state driving rules, obtained from laws, regulations, and driver's manuals, tests, based upon Department of Transportation data, whether the type of laws affects driving and accident rates for those over 64 and suggests a uniform scheme combining self-reporting of driving problems, on-the-road tests of drivers who fall below …
Comment: On Contractual Defaults And Experimental Law And Economics, Avishalom Tor
Comment: On Contractual Defaults And Experimental Law And Economics, Avishalom Tor
Journal Articles
It is possible that contract default rules, whose relevance is contingent upon parties' agreement to contract, differ from other default states. Parties therefore might not perceive contingent contractual defaults as relevant reference points. Ironically, however, Sloof, Oosterbeek and Sonnemans' (SOS) "default contract" applied inevitably whenever proposed and whenever Respondents rejected a non-default proposal, bearing greater resemblance to a legal right than to a contractual default. Thus, the contingency of typical contractual defaults cannot account for the No Bias Finding. Other aspects of the SOS experimental design, on the other hand, may explain the No Bias Finding.
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 …