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Full-Text Articles in Law
Development Rights Transfer: An Exploratory Essay, John Costonis
Development Rights Transfer: An Exploratory Essay, John Costonis
Journal Articles
No abstract provided.
The Law Clerks: Profile Of An Institution, Paul R. Baier
The Law Clerks: Profile Of An Institution, Paul R. Baier
Journal Articles
No abstract provided.
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
Work Group Behavior And Wildcat Strikes: The Causes And Functions Of Industrial Civil Disobedience, James B. Atleson
Work Group Behavior And Wildcat Strikes: The Causes And Functions Of Industrial Civil Disobedience, James B. Atleson
Journal Articles
No abstract provided.
Collaboration In Studying Law, Thomas L. Shaffer
Collaboration In Studying Law, Thomas L. Shaffer
Journal Articles
This articles provides a description of the experiments used in curriculum, teaching methods, and administration. It urges the Law School to assist students in seeing collaboration in studying law is a winning style. The author hopes that through experiments, students will actually start to see that collaboration encourages success among law students, and especially first-year law students where collaboration is valuable because of the situation students are in.
Note, Equal Pay Act - Economic Benefit To Employer Is Justification For Wage Differential Between Male And Female Employees, Judith J. Johnson
Note, Equal Pay Act - Economic Benefit To Employer Is Justification For Wage Differential Between Male And Female Employees, Judith J. Johnson
Journal Articles
In Robert Hall the court refused to follow the lead of the cases immediately preceding it which delved into the justifications for wage differentials to discover evidence of discrimination. If the Equal Pay Act is to be effective, the courts must discover the motive for paying women less, not just accept the employer's excuse at face value. Robert Hall may represent a step backward for the Equal Pay Act and the ramifications of the decision should be carefully studied before it is allowed to stand. This decision could be broadly construed to enable an employer to undermine the Act by …
The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer
The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer
Journal Articles
Preventive maintenance is a doctrine with which lawyers are becoming—or should become—increasingly familiar. Since the field of antitrust law is potentially fraught with dire consequences for corporate clients, it is an area in which the doctrine of preventive maintenance should be liberally applied.
Report Of The Dean 1972-1973, Thomas L. Shaffer
Report Of The Dean 1972-1973, Thomas L. Shaffer
Journal Articles
These are curious times for American legal education, especially curious perhaps at this university law school, because we claim adherence to the traditions of Thomas More. Our profession has for more than two centuries provided rulers for America, as it provided leaders, including More himself, for More's England—presidents and speakers, senators and administrators, benign manipulators in American corridors of power. More than a few of America's lawyer leaders have been educated at Christian, university law schools, and, as I think about Notre Dame law students this summer, I hope we are educating more than a few replacements for the lawyer-leaders …
Introduction, Thomas L. Shaffer
Introduction, Thomas L. Shaffer
Journal Articles
This symposium abounds with learning and insight, but one should not overlook the fact that its purposes and its effect are revolution. Institutional confinement of the "mentally ill" in America is a massive social failure and a festering evil. These authors lawyers, social scientists, scholars, psychiatrists, and students have a target in their sights, and they are not out primarily to analyze the target; they are out to destroy it.
Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile
Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile
Journal Articles
When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …
The Dred Scott Case Of The Twentieth Century, Charles E. Rice
The Dred Scott Case Of The Twentieth Century, Charles E. Rice
Journal Articles
In the 1973 abortion cases, the Supreme Court quoted this language from an 1871 report of the Committee on Criminal Abortion of the American Medical Association. The Court, however, did not follow the advice. Instead, the seven man majority held that the child in the womb is not a "person" within the meaning of the fourteenth amendment, which provides, "No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Court refused to call the child in …