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Report Of The Dean 1979–1980, David T. Link

1975–1999: David T. Link

Dean David Link provides a brief summary of developments, problems, and opportunities at Notre Dame Law School as it closes the 1979–1980 academic year.

135th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

135th University of Notre Dame Commencement and Mass Program

Summer

University Of Notre Dame Law School, Bulletin Of Information 1981–1982. Volume 76, Number 2, University Of Notre Dame

Bulletins of Information

Notre Dame Law School

4 Notre Dame Law School

5 Foreign Law Study

7 Joint Degree Programs

7 Requirements for Admission and Graduation

10 Fees and Expenses

11 Financial Aid Program

The Law Program

14 Student Activities

16 Curriculum

16 Course Descriptions

Appendix

26 Officers of Administration

26 The Law School Faculty

27 London Faculty

27 Practice Court Judges

28 Faculty Profiles

33 Endowed Chairs

33 The Thomas J. White Chair in Law

33 The John N. Matthews Chair in Law

33 The Center for Civil and Human Rights

33 The Thomas and Alberta White Center for Law, Government and …

135th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

135th University of Notre Dame Commencement and Mass Program

Dean’S Award 1950–1980, Notre Dame Law School

Student, Faculty, and Staff Awards

Winner of the Annual Moot Court Competition 1950–1980.
Established June 1950 by Clarence E. Manion, Dean, College of Law.

Racketeer Influenced And Corrupt Organizations (Rico): Basic Concepts - Criminal And Civil Remedies, G. Robert Blakey, Brian Gettings

Journal Articles

This article will present a brief overview of the legislative history of RICO, the Racketeer Influenced and Corrupt Organizations, and its structure, including its standards and basic concepts. The article will then consider the criminal sanctions authorized under RICO and discuss specific aspects of the RICO civil suit as well as some of the problems that may be expected to arise in it. The objective of the article is to provide the reader with a short introduction to RICO, one of the most sophisticated statutes ever enacted by Congress.

Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile

Journal Articles

This article will trace the development of what can be called the "freezing the status quo" concept in the United States Supreme Court. That concept provides for intermediate level intrusions based on intermediate levels of justification, permitting law enforcement to isolate an event and exploit its opportunities for fruitful investigation. The article will begin with a discussion of two early cases which hinted at the Supreme Court's willingness to adopt the "freezing the status quo" doctrine as a means of justifying certain police activity in the absence of probable cause. Next, the Court's decisions in Terry v. Ohio and subsequent …

World-Wide Volkswagen Corp. V. Woodson: Reflections On The Road Ahead, Kenneth F. Ripple, Mollie A. Murphy

Journal Articles

During its past several terms the Supreme Court of the United States has, after a long period of inactivity, engaged in a reexamination of the constitutional limitations on state court jurisdiction. Last term, in World-Wide Volkswagen Corp. v. Woodson, this reexamination reached a new plateau. Woodson significantly elucidated the constitutional policy considerations underlying this area. Yet, as so often occurs in constitutional litigation, the resolution of old doubts has also brought into sharper focus other yet unresolved issues.

This article has two purposes. First, it will assess the significance of Woodson in the overall doctrinal development of jurisdictional standards. Second, …

Thurgood Marshall And The Forgotten Legacy Of Brown V. Board Of Education, Kenneth F. Ripple

Journal Articles

On May 17, 1979, the United States celebrated, with relatively little public ceremony, the twenty-fifth anniversary of Brown v. Board of Education. Two years earlier, another anniversary was celebrated even more quietly as Thurgood Marshall, the principal architect of the school desegregation litigation, celebrated his first decade as a justice of the Supreme Court of the United States. Anniversaries are traditionally a time both of celebration and reflection. These particular anniversaries are appropriate occasions for celebration since each marks an important milestone in American life. At the same time, both present a unique opportunity for reflection upon and reassessment of …

The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple

Journal Articles

During its 1979 Term, the Supreme Court of the United States passed the ten-year mark in its employment of the so-called "excessive entanglement" test of the religion clauses. During the past decade this concept has developed from a simple expression of one of the accepted policy considerations underlying interpretation of the religion clauses to an identifiably separate test in establishment clause analysis. In this latter role, the Court has employed the concept to accomplish two distinct, although analytically related, objectives. First, it has sought to identify those legal and administrative relationships between civil and religious authorities which are likely to …

Some Problems In Administration Of Justice In A Secularized Society, Thomas L. Shaffer, William Mclennon, Lois G. Forer

Journal Articles

In our complex society, the role of the lawyer has assumed unprecedented significance. People turn to the law for answers to all of the new questions involving social, moral, and ethical considerations, as well as for answers to many of the old problems which were not typically perceived as legal issues. Law students, faculty, lawyers, judges, the clergy, and even anthropologists-all of us need a much more sensitive and deeper understanding of a wide variety of problems. We must continually question the rightness of the law and the fairness and decency with which we treat all of the people who …

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Journal Articles

"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …

Serving The Guilty, Thomas L. Shaffer

Journal Articles

My purpose here is to ask whether there is a moral way for a lawyer to serve the guilty. I think this is an issue Mr. Rightor would have enjoyed. He was devoted to the instruction of future lawyers, particularly those who studied law at this law school and were enrolled in his classes in professional ethics. He was equally devoted, in the midst of a busy and successful law practice, to care and compassion for the occasional professional colleague who had, as Mr. McDonald said in his eulogy, "through ignorance or . . . financial plight . . . …

A Simplified Approach To Tying Arrangements: A Legal And Economic Analysis, Joseph P. Bauer

Journal Articles

Few types of antitrust conduct have received as much treatment from the Supreme Court as tying arrangements. This practice, which is unlawful per se when certain prerequisites are met, may be defined as an agreement by a party to sell one product [the tying product] but only on the condition that the buyer also purchases different (or tied) product, or at least agrees that he will not purchase that product from any other supplier. Notwithstanding this extensive Supreme Court attention, there is as much heat as light in this area. The doctrine that has developed is often unpredictable and frequently …

Book Review: Development Control, Geoffrey J. Bennett

Journal Articles

Mr. Alder's book is a lucid and informative contribution on the subject of development control. The book is largely concerned with analyzing the impact of judicial decisions in the [English] courts on planning law relating to development control.

At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Jessup Newton

Journal Articles

Justice Reed, writing for the majority of the United States Supreme Court in Tee-Hit-Ton Indians v. United States, asserted the view: "Every American schoolboy knows that the savage tribes of this continent were deprived of their ancestral ranges by force and that, even when the Indians ceded millions of acres by treaty . . . it was not a sale but the conquerors' will that deprived them of their land."

Justice Reed's historical observation was a predicate to the Supreme Court's holding in Tee-Hit-Ton, one of the most significant statements by the Court on the constitutional rights of Native Americans …

The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers

Journal Articles

This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …

The Burden Of Proof In Criminal Cases: A Comment On The Mullaney-Patterson Doctrine, Fernand N. Dutile

Journal Articles

The United States Supreme Court's recent ventures into the constitutional requirements concerning the burden of proof in criminal cases justify consideration of their prescriptions, of their consistency and of the constitutional limits of burden-shifting.

Mullaney and Patterson mark not the end of the inquiry but rather its beginning. Although they undoubtedly resolve, whether well or badly, a large number of burden of proof situations, those resolved may be the easier and the more obvious, not the more difficult and the more subtle. In any event, however, these two landmark cases will at least have alerted us to the complex problems …

"On The Waterfront": Rico And Labor Racketeering, G. Robert Blakey, Ronald Goldstock

Journal Articles

Labor racketeering in America is a pervasive, persistent problem not easily controlled by conventional criminal statutes. The authors examine the applicability of the Racketeer Influenced and Corrupt Organizations statute (RICO) to the problem of labor racketeering and look at the recent case of United States v. Scotto as an example of the Act's application in this area. The authors conclude that to the extent that it is used appropriately and with discretion, RICO provides the flexibility to be an important law enforcement tool against labor racketeers.