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142nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

142nd University of Notre Dame Commencement and Mass Program

Summer

Bulletin Of Information, University Of Notre Dame, The Law School, 1988–89, Volume 83, Number 5, University Of Notre Dame

Bulletins of Information

Notre Dame Law School

4 Notre Dame Law School

6 Foreign Law Study

7 Graduate Law Program

7 Joint Degree Programs

8 Requirements for Admission and Graduation

10 Fees and Expenses

10 Financial Aid Program

The Law Program

14 Student Activities

17 Curriculum

17 Course Descriptions

Appendix

26 Officers of Administration

26 The Law School Faculty

27 London Faculty

27 Practice Court Judges

28 Faculty Profiles

34 Endowed Chairs

34 The John N. Matthews Chair in Law

34 The William and Dorothy O'Neill Chair in Law

34 The Robert E. and Marion D. Short Chair

33 The George N. Shuster …

142nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

142nd University of Notre Dame Commencement and Mass Program including Law School awards and honorary doctorates 1952-1986

Annual Report: Notre Dame Law School: Academic Year 1986–1987, David T. Link

1975–1999: David T. Link

Dean David Link provides a brief summary of important developments, strengths, and needs at Notre Dame Law School as it closes the 1986–1987 academic year.

Forfeiture Of Legal Fees: Who Stands To Lose?, G. Robert Blakey

Journal Articles

It is widely accepted that criminals should not benefit from the fruits of their crime. But it is equally accepted that the accused are innocent until proven guilty. There are three alternatives currently being evaluated for determining how legal fees shall be paid for organized crime—free market, political decisions, or judiciary determinations. This Article presents the argument that clients who might possess illicit assets should be able to pay them to a lawyer rather than forfeit them to the government. It discusses how legal forfeiture is handled within the Racketeer Influence and Corrupt Organizations statute (RICO) and the Continuing Criminal …

Foreword, Donald P. Kommers

Journal Articles

Professor Zeidler's article appears in the sixty-second volume of the Notre Dame Law Review, in English, for the first time. It is the most comprehensive and up-to-date treatment of the Federal Constitutional Court's decisional procedures to appear so far in an American law review. It should interest students of comparative constitutional law as well as American scholars alarmed by the United States Supreme Court's claims to finality or exclusivity in constitutional interpretation. By the use of certain decisional modes described by President Zeidler, the German Court provides the legislature with considerable leeway in meeting its constitutional obligations. In doing …

Equitable Relief Under Civil Rico: Reflection On Religious Technology Center V. Wallersheim: Will Civil Rico Be Effective Only Against White-Collar Crime?, G. Robert Blakey, Scott D. Cessar

Journal Articles

The Court of Appeals for the Ninth Circuit held in Religious Technology Center v. Wollersheim that Congress did not intend to give private civil RICO plaintiffs any right to injunctive relief. This Article argues that the Wollershiem’s reasoning is flawed for being inconsistent with the text, the legislative history, and the purpose of RICO. In addition, it argues that it is inconsistent with statutory interpretation principles advanced by the Supreme Court. In particular, it discusses the case’s facts, provides an overview of civil RICO, examines and critiques Wollersheim’s reasoning, and addresses the adverse policy, economic, and political consequences of Wollersheim …

Protecting Worker Complaints After Meyers Industries, Barbara Fick

Journal Articles

This Article examines the effect of the Meyers Industries decision on the protection available to workers under the NLRA, and discusses other statutory and common-law remedies protecting workers now foreclosed from NLRA protection as a result of Meyers Industries.

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.

Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis

Journal Articles

This Article considers writings by modern scholars including Rawls, Dworkin, and D.A.J. Richards on the topic of Kant's discussion of the neutrality principle and the harm principle.

On Reason And Authority In Law's Empire, John M. Finnis

Journal Articles

Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)

Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick

Journal Articles

Union hiring halls provide the essential service of referring qualified job applicants to immediate job opportunities in many industries. Unfortunately, opportunities sometimes exist for union leaders to abuse hiring hall mechanisms by manipulating applicant referrals to favor friends and disfavor political enemies. The author discusses hiring hall mechanisms and opportunities for their abuse as well as the prevailing legal theories under which abusive practices may be combatted. She first focuses on NLRA provisions which forbid union conduct causing a person to be discriminated against in employment. She then discusses LMRDA provisions protecting union members' internal union political conduct. She argues …

The Elusive Concept Of Control In Churning Claims Under Federal Securities And Commodities Law, Patricia A. O'Hara

Journal Articles

Account executives—when serving as either a broker or a dealer—stand in a conflict of interest position with their customers. The brokerage house profits through commissions from the execution of the transaction regardless of whether the customer profits on the investment. Account executives who do so, violate the fiduciary duties he owes to a customer in favor of his own self-interest. The customer can bring an action for churning under federal securities and commodities laws if he or she can demonstrate that the broker excessively traded an account over which the broker exercised control in order to generate commissions for himself …

Competition At The Teller's Window?: Altered Antitrust Standards For Banks And Other Financial Institutions, Joseph P. Bauer, Earl W. Kintner

Journal Articles

Congressional and judicial attitudes towards the banking industry have reflected two, sometimes conflicting, goals-the maintenance of the solvency of financial institutions to protect the interests of depositors, other creditors and the economy at large; and the promotion of competition among these institutions and in the economy. The advancement of these goals has been reflected in the application of the antitrust laws to the industry.

For the most part, the Sherman and Clayton Acts apply with the same force and scope to financial institutions as to other industries. In some cases, however, the goal of institutional protection is favored, and the …

Review Essay: Liberalism And The Supreme Court, Donald P. Kommers

Journal Articles

In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …

May A Federal Court Remand A Case To State Court After Federal Claims Have Been Deleted?, Joseph P. Bauer

Journal Articles

This Article provides a preview of Carnegie-Mellon University v. Honorable Maurice B. Cohill, Jr., argued before the Supreme Court of the United States on November 10, 1987. This case concerns the circumstances under which a lawsuit, properly commenced in a state court and then removed before trial to a federal court, may be sent back (remanded) to the state court.

On one level, this case seems only to involve technical interpretations of federal statutes governing procedure in the federal courts. At another level, however, it involves more general and important issues. Among these are how to allocate judicial power …

Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle

Journal Articles

The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.

The Legal Ethics Of Radical Individualism, Thomas Shaffer

Journal Articles

Most of what American lawyers and law professors call legal ethics is not ethics. Legal ethics has come to be rules that appeal to sanction, and not the lawyer’s conscience. This Article analyzes the ethical quandary arising from modern ethics, and presents an assessment of the ethics of radical individualism in terms of the religious tradition’s influence on legal ethics.

Legal Ethics And The Good Client, Thomas L. Shaffer

Journal Articles

Modern ethics talks in terms of clients corrupting lawyers, and how lawyers must protect themselves from their client’s bad morals. This Article critiques that understanding and proposes that legal ethics is the study of what is good for a client, not what is good for the lawyer. Properly studied, it is thinking about the morals of someone else—the client. It is not thinking through the client’s conscience, but thinking through the lawyer’s conscience that seeks rectitude, freedom, and goodness for the client.

Foreword: Health In The Workplace, Barbara Fick

Journal Articles

This article is a brief forward to the 1987 Notre Dame Law Review Symposium Issue.

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.