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Articles 1 - 30 of 55
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).
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
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.
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.
The Lame Ducks Of Marbury, John C. Nagle
The Lame Ducks Of Marbury, John C. Nagle
Journal Articles
The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …
Just Do It: An Antidote To The Poison Pill, Julian Velasco
Just Do It: An Antidote To The Poison Pill, Julian Velasco
Journal Articles
The poison pill is the most powerful defense against hostile takeovers. It can render a company takeover-proof, or nearly so. Efforts at developing an antidote have focused largely on shareholder-adopted bylaws, but the legality of such proposals has been questioned by many. In any event, shareholder-adopted bylaws have not been very successful in eliminating poison pills thus far. In order to effect takeovers, hostile bidders cannot rely on the courts or the target company's shareholders; they can rely only on themselves. In this article, I propose a strategy for hostile bidders to counteract the poison pill and to consummate hostile …
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 …
Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran
Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran
Journal Articles
One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …
"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 …
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. …
Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett
Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett
Journal Articles
Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …
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.
Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford
Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford
Journal Articles
The focus of the article is the degree of deference that federal courts should confer on the decisions of international tribunals. The Supreme Court has suggested that respectful consideration should be given to international tribunal decisions, but absent further guidance, federal courts have haphazardly addressed the question of what effect to give to their judgments. What is needed is a methodology for deference. For the first time in scholarly literature this article proposes such a methodology for all international tribunals based on seven models that have been applied to different international tribunals and should be applied to dozens of others. …
Contraception As A Mask Of Personhood, Charles E. Rice
Contraception As A Mask Of Personhood, Charles E. Rice
Journal Articles
Sometimes you can learn something by teaching Torts. In my case it happened with the Palsgraf case and John Noonan did it. When we reached Palsgraf, I always discussed with the class Professor Noonan's analysis in Persons and Masks of the Law.
Mrs. Palsgraf lost as a matter of law in the Court of Appeals, and Chief Judge Cardozo wrote the opinion. Professor Noonan thinks she lost because her humanity was covered by the abstract persona, the mask, of an "unforeseeable plaintiff." He did not accuse Cardozo of misapplying the rule of law he used, but of myopia in selecting …
Stare Decisis And Due Process, Amy Coney Barrett
Stare Decisis And Due Process, Amy Coney Barrett
Journal Articles
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis …
Focusing Failures In Competitive Environments: Explaining Decision Errors In The Monty Hall Game, The Acquiring A Company Problem, And Multiparty Ultimatums, Avishalom Tor, Max Bazerman
Focusing Failures In Competitive Environments: Explaining Decision Errors In The Monty Hall Game, The Acquiring A Company Problem, And Multiparty Ultimatums, Avishalom Tor, Max Bazerman
Journal Articles
This paper offers a unifying conceptual explanation for failures in competitive decision-making across three seemingly unrelated tasks: the Monty Hall game (Nalebuff, 1987), the Acquiring a Company problem (Samuelson & Bazerman, 1985), and multiparty ultimatums (Messick, Moore, & Bazerman, 1997). We argue that the failures observed in these three tasks have a common root. Specifically, due to a limited focus of attention, competitive decision-makers fail properly to consider all of the information needed to solve the problem correctly. Using protocol analyses, we show that competitive decision-makers tend to focus on their own goals, often to the exclusion of the decisions …
An American Tale, Geoffrey J. Bennett
An American Tale, Geoffrey J. Bennett
Journal Articles
How much influence should the legal profession in England and Wales have over law degree courses? Geoffrey Bennett says to consider the U.S. experience before ditching the idea.
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 …
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
Journal Articles
Through the language of human rights, law can both reflect and constitute some of our most basic ideas about the requirements of human dignity and the human desire for freedom. It captures certain culturally embedded understandings about the nature of the human person in society and carries them forward in time through an institutionalized discourse and practice. This is especially so in those legal traditions that have inherited Western law’s historically consistent orientation toward the individual. Law never makes those sorts of claims in a systematically theoretical way, however. Instead, it is a form of praxis, combining theory and practice, …
Clerking For Scrooge, Barry Cushman
Clerking For Scrooge, Barry Cushman
Journal Articles
During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox’s remarkable memoir …