Law Commons^™

Edward J. Murphy: A Professor For All Seasons, David T. Link

Journal Articles

Ed Murphy taught more Notre Dame law students than any other professor in the history of the University. To his students, he was more than a teacher; he was mentor and even legend. A mainstay at the Law School, Professor Murphy died in July of last year at the age of sixty-eight.

I was privileged to be his student, his colleague and his friend. I miss him very much. We all do. But, of course, his example lives on. He continues to be a part of the great Notre Dame spirit. Our recently appointed contracts professor tells me that every …

Edward J. Murphy, Catholic Scholar, Charles E. Rice

Journal Articles

Permit me to explain, with some background, why Edward J. Murphy was an admirable Catholic man and why I and many others are in his debt for his friendship and example.

Law And Endangered Species: Is Survival Alone Cause For Celebration?, John Henry Schlegel

Journal Articles

No abstract provided.

Why Does The Church Have Law Schools?, Thomas L. Shaffer

Journal Articles

Why does the church have law schools?

The title I was given for this talk during the Marquette Conference of March, 1994, was "the mission of the religiously affiliated law school." The title raises the possibility that the church has a law school in order to carry out a mission. The church does not get its mission from the state or the civil community. The only workable meaning of the title I was given is that each of our law schools has a mission from God.

If the assignment of mission comes from the civil community or the state, the …

Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills

Journal Articles

The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.

Celebrating The 125th Anniversary Of The Notre Dame Law School, Anthony J. Bellia

Journal Articles

This year marks the Notre Dame Law School's 125th year of continuous operation. This issue of the Notre Dame Law Review is our contribution to the anniversary celebration.

We asked a few of the Law School's many distinguished graduates to contribute their reflections on legal education at Notre Dame. They are Robert Michael Greene, Class of 1969; Peter T. King, Class of 1968; Patrick McCartan, Class of 1959; and Hon. Martha Vazquez, Class of 1978. We are grateful as well to Hon. Paul V. Niemeyer, Class of 1966, who prepared an essay for the issue.

Making Way For A New Standard: Women Redefine The "Ideal Professor", Margaret F. Brinig

Journal Articles

Unfortunately for most women, the profile of an ideal law professor is a married man with a stay-at-home wife. A profile very like that of ideal workers in other legal settings.

It is common knowledge that women who teach law, including very able and committed women, do not achieve tenure and promotion at the same rate as their male counterparts. Although some institutions actually discriminate against women, in most, women lag behind because the committees and administrators deciding promotion and tenure view all applicants through the same lens. Their focus is driven by their law school's need to compete with …

Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer

Journal Articles

The legal education establishment in the United States some time ago gave up discouraging religiously affiliated law schools. Its support for them now, however, is conditioned on their approaching religious affiliation in a manner that is seen as consistent with the dominant American attitude toward religion—that religion is a private affair and that public moral issues, including issues of jurisprudence and professional ethics, are secular issues, to be talked about in secular language, pursuant to secular principles, and in a secular style.

I begin here by considering the requirement of the American Bar Association, in its Standards for the Approval …

Wake The Nation: Law Student Insights Into The New Jerusalem, Thomas L. Shaffer, Anthony J. Fejfar

Journal Articles

Mike Nichols's 1988 movie Working Girl gave Melanie Griffith "a star-making showcase" for her talents; it gave Harrison Ford a chance to show that he could play light comedy; and its theme song, Let the River Run, won an Academy Award for Carly Simon. After watching and discussing the movie with groups of law students from our respective universities, we noticed that both the movie and the song make a religious claim, one that we take seriously.

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.

Sameness And Difference In A Law School Classroom: Working At The Crossroads, Judy Scales-Trent

Journal Articles

No abstract provided.

Using Literature In Law School: The Importance Of Reading And Telling Stories, Judy Scales-Trent

Journal Articles

No abstract provided.

Law School Rights: The Establishment Of New York Law School, 1891-1897, James A. Wooten

Journal Articles

No abstract provided.

Lawyers And Liberations, Robert E. Rodes

Journal Articles

The Jesuit educational tradition stresses the importance of service to the community and especially to its underprivileged members. Much of the discussion at the Ignatian Year celebration held at St. Louis University centered on the role of the law school in the Jesuit educational tradition. However, I would like to propose that this discussion take on a much larger focus.

The ideas of community service, solidarity with the poor and professionalism within an ethical context, although integral to the Jesuit tradition, are relevant to society as a whole. Furthermore, integration of these concepts into law school education is merely a …

Better Than No Teeth At All?, John Henry Schlegel

Journal Articles

No abstract provided.

Womens' Experience In Legal Education: Silencing And Alienation, Lucinda M. Finley

Journal Articles

No abstract provided.

Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza

Journal Articles

Upon reflection, I gained a new realization of the role of human rights activism in Haiti, a more complete understanding of what needs to be done. I came to Haiti thinking that human rights work meant counting violations and reporting them internationally. Monitoring human rights abuses does serve a purpose; it helps bring attention and support to the work of indigenous activists and can help expose the illegitimacy of an abusive regime. But as I realized in the weeks following the rally at St. Jean Bosco, these activities are only instrumental to a larger end, that of remaking political life. …

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …

Introduction: The Internationalization Of Law And Legal Practice, Thomas E. Carbonneau

Journal Articles

The Eason-Weinmann Colloquium entitled "The Internationalization of Law and Legal Practice," held in March 1988, addressed the challenges posed to conventional legal practice and rules of law by the evolution of the international marketplace. In light of the increasingly international character of commercial transactions, could or should disputes in transnational business ventures be adjudicated exclusively within national processes and according to domestic strictures? Does the character of these transactions portend the creation of a new genre of lawyering? Are current academic curricula adapted to the molding of this new breed of lawyers? Is a functional international bar possible? Do we …

The Catholic Tradition, Thomas L. Shaffer

Journal Articles

If you stand in the road near one of the on-campus Roman Catholic university law schools in the United States, you can probably see a church spire. You can squint past whatever fire wall or battlement or gothic tower there is on the law building and see the campus church. You can do this at Notre Dame, St. Louis, Creighton, San Francisco, Boston College, and San Diego. If you go inside one of these law buildings, you may find crucifixes, chapels, holy-water fonts, or a statute of Thomas More. But none of these things will tell you what those law …

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Journal Articles

Roman Catholic universities maintain law schools for theological purposes. This Article discusses the five steps to explaining the theological answer to why there are Catholic law schools—first, the presence of the law school is the presence of the church; second, the presence of the law school is the presence of service; third, the presence of the law school is a presence in the world; fourth, the presence of the law school in the world is enacted vicariously; and fifth, the presence of the law school in the world is a searching presence that reaches into the world to find out …

Dedication: Dean John O. Mudd, Thomas L. Shaffer

Journal Articles

Professor Shaffer writes this dedication to honor our former Dean Mudd. He highlights Dean Mudd’s contribution to the legal profession and public interest, as well as his ability to look around at what was going on around him and create change.

On Being A Professional Elder, Thomas L. Shaffer

Journal Articles

The Professional Elder gives their wisdom to the young in the hopes that the wisdom will enable them to do better than the elders had done. This concept is exemplified through literature and films. However, the Professional Elder—elders in the profession who serve as moral teachers to the young—has diminished over time. This Article seeks to explain how the role of the professional elder has changed over time and the problems with the modern gentlemen’s ethic. He proposes that professional elders can return to serving as authoritative moral teachers through liberal learning and moral craftmanship.

The Pitfalls Of Empirical Research: Studying Faculty Publication Studies, David H. Kaye, Ira Mark Ellman

Journal Articles

This article critiques empirical studies by attorneys in the hopes that they will be held to the minimal standards of research competence that are to be found in other academic fields which rely on empirical studies. Because law-trained scholars are notoriously weak at empirical research, this article identifies some of the methodological considerations that should inform empirical research. These fall into four broad categories: (1) problems of conceptualization, (2) problems of measurement, (3) problems of data presentation and analysis, and (4) problems of inference. This article examines all of these considerations in the context of an empirical survey done by …

Reverend Michael D. Mccafferty, C.S.C., David T. Link

Journal Articles

This comment pays tribute to our beloved Father Mike who served as both a priest and a professor. Father Mike excelled at his profession of teaching law, not only by his ability to read a class to determine how to best ensure that students acquire a solid understanding of the substantive law as well as a mastery of the analytical skills, but also by his ability to counsel students. He was a source of faith and strength to our community. He will be greatly missed and remembered.

Between The Harvard Founders And The American Legal Realists: The Professionalization Of The American Law Professor, John Henry Schlegel

Journal Articles

No abstract provided.

Critical Legal Studies: An Afterword, John Henry Schlegel

Journal Articles

No abstract provided.

Thinking Like A Statistician: The Report Of The American Statistical Association Committee On Training In Statistics In Selected Professions, David H. Kaye

Journal Articles

In 1983, a subcommittee of the American Statistical Association composed of legal educators and one judge issued a report describing existing programs for educating law students in statistics and offering recommendations for improving these programs. This article summarizes that report.

Dean Joseph O'Meara--A Personal Reflection, David T. Link

Journal Articles

In this article, Dean David Link responds to the Notre Dame Law School Law Review’s inquiry about Dean Joseph O’Meara’s effect on individuals. Dean Link states that Dean O’Meara’s philosophy of the law was simple: he expected everyone in the legal profession to be a fierce partisan for justice. A lawyer’s responsibility to justice transcends his or her responsibilities toward any particular client or case or system. Dean Link states that Notre Dame’s movement from a great teaching law school to a great teaching and research institution is owed primarily to Dean O’Meara, the man who would settle for nothing …

Moral Implications And Effects Of Legal Education Or: Brother Justinian Goes To Law School, Thomas L. Shaffer

Journal Articles

This Article explores the moral implications of a legal education. Specifically, the author addresses three moral points of view—teleologically, interpersonally, and responsibility—and explains how a legal education advances or is in opposition to a moral community.