Law Commons^™

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Journal Articles

This article discusses the Curt Flood Act of 1998 and explores the nonstatutory labor exemption the Supreme Court has applied to professional sports leagues. It also explores the likely impact of the Curt Flood Act on the rights of players or managers to use antitrust laws effectively against one another.

Faith And The Liberal Legal Order: An Appreciative Response To Shaffer And The Symbolism Workshop, Elizabeth B. Mensch

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No abstract provided.

Practitioners' Notes: Evidentiary Presumptions, Keith B. Hall

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No abstract provided.

Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner

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No abstract provided.

Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn

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No abstract provided.

Shall - Take No. 2, Debra R. Cohen

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No abstract provided.

Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett

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No abstract provided.

Portia Goes To Parliament: Women And Their Admission To Membership In The English Legal Profession, Christine Corcos

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No abstract provided.

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

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Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Implied Wavier After Seminole Tribe, Kit Kinports

Journal Articles

Part I of this Article briefly traces the history of the Supreme Court's Eleventh Amendment jurisprudence, focusing in particular on the opinions developing the doctrines of implied waiver and abrogation. Part II makes the case that the doctrine of implied waiver retains validity after Seminole Tribe, at least with respect to federal statutes passed pursuant to the Spending Clause that condition the receipt of federal funds on the states' waiver of the Eleventh Amendment and statutes passed under Congress's other Article I powers that regulate an activity voluntarily undertaken by the states. Finally, Part III considers other potential constitutional …

A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau

Journal Articles

The 1996 United Kingdom Arbitration Act is a remarkable piece of legislation. It is a highly accessible statutory framework both from a linguistic and organizational standpoint. The 1996 Act represents a substantial improvement over prior English arbitration statutes,including the 1979 Act. The new legislation is comprehensive, thorough, cogent and coherent. In its presentation and content, it easily rivals both longstanding and recentlegislative enactments on arbitration. It is built upon a wealth of knowledge and expertise of arbitration law and practice, and embodies a very contemporary and integrated concept of arbitration. This commentary endeavors to highlight and appraise the most significant …

Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau

Journal Articles

One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …

Impact Of Code Section 367 And The European Union's 1990 Council Directive On Tax-Free Cross-Border Mergers And Acquisitions, Samuel C. Thompson Jr.

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No abstract provided.

The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey

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From the late 1980s to 1990s, most states enacted major revisions to their workers' compensation systems. These law changes aim to restrict benefits for injured workers in response to perceptions that rising workers' compensation insurance costs had reached crisis levels by the late 1980s. This article analyzes the main features of these benefit reforms, and shows how these reforms reveal the problems of the predominant economic efficiency rationales underlying recent retrenchment of social welfare programs in general.

Using workers' compensation as an example, I argue that a premise central to much of contemporary law and policy - the distinction between …

Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner

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No abstract provided.

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

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No abstract provided.

Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh

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The purposes of this Article are to explore the relationship between Alfred North Whitehead's process philosophy and the nature of law, and to develop from that exploration a theory of "process jurisprudence." To some extent, this Article is a process of interpretation and imagination. Whitehead himself devoted little attention to the nature of law. Therefore, rather than attempting to declare definitively the implications of Whitehead's thought for the nature of law, this Article is structured in the form of a dialogue between "Whitehead" and a lawyer whom I have called "Chris." In Part II, as he discusses his system of …

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …

International Decisions: Well Blowout Control Claim. Un Doc. S/Ac.2/Dec.40, 36 Ilm 1343 (1997). United Nations Compensation Commission, Governing Council, December 17, 1996., Roger P. Alford

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The UN Compensation Commission Governing Council held Iraq liable for oil field damages in Kuwait, including damage caused by Allied bombing because a direct link existed between Iraqi conduct and the damage. The panel held that reasonable expenses can include extraordinary costs because Kuwait took reasonable steps in mitigating its expenses. Salaries to permanent Kuwaiti personnel are not a direct result of Iraq's conduct and cannot be reimbursed.

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

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Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.

Symposium Introduction: Past As Prolog: Can Managed Care Overcome The Conflicts Inherited From Fee-For-Service Medicine?, Edward P. Richards

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No abstract provided.

Capturing Volition Itself: Employee Involvement And The Team Act, Johanna Oreskovic

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No abstract provided.

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

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The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.

White's enterprise is, I …

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

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Article by Martin Rhonheimer, translated by Paolo G. Carozza.

Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent

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No abstract provided.

Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua

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No abstract provided.

In Memoriam: Father Bill Lewers, Jay Tidmarsh

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There is an old and famous Irish blessing, the last line of which runs: "And may you be in heaven half an hour before the devil knows you're dead." If anyone ever deserved to be happily ensconced in heaven for the proverbial half-hour, it is Bill Lewers.

For the last fourteen years of his life among us, Bill spent his considerable energy improving our understanding and awareness of international human rights. It became Bill's great passion. In 1983, Bill was appointed as Director of the Office of International Justice and Peace for the United States Catholic Conference. When he returned …

On The Practical Meaning Of Secularism, John M. Finnis

Journal Articles

The secularism I consider in this Article is a public reality, the secularism which shapes public debate, deliberation, dispositions, and action, and dominates our education and culture. I shall be considering the ideas, not the people; and people are often less consistent, and better, than their theories. There is no profit in estimating whether secularism's dominance now is greater than in Plato's Athens or lesser than in Stalin's Leningrad. There is certainly a rich field for historical investigation of the particular and often peculiar forms taken by western secularism under the influence of the faith it supplants. But I shall …

The Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer

Journal Articles

When I had the chance to leave law practice and become a fulltime law teacher, I turned, in the time-honored fashion, for advice from my law teachers. The most memorable and persistent of these—the most cheerful, too, and therefore the most hopeful—was Robert E. Rodes, Jr., then a young (36), transplanted New Yorker, Harvard law graduate, and Boston lawyer. He had already come to flourish, in the Aristotelian sense, in the Midwest—in a Catholic university known more for its football players than for its lawyers.

Rodes told me he had come to teaching and to Notre Dame because he wanted …