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Ndls Update 12/1991, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/1991, Notre Dame Law School

NDLS Update

No abstract provided.

Notre Dame Law School Annual Report: Academic Year 1990–1991 (Acting Dean Fernand N. Dutile), Fernand N. Dutile

1975–1999: David T. Link

Acting Dean, Fernand N. Dutile, provides a description of the state of Notre Dame Law School as it closes the 1990–1991 academic year. The elements covered in his report include: important developments, strengths, and needs. Supplementary reports are included from the Kresge Law Library, the National Institute for Trial Advocacy, the Thomas J. White Center on Law & Government, the Journal of College and University Law, the Center for Civil and Human Rights, the London Law Programme, the Summer London Law Program, and the Notre Dame Law Review.

Hoynes Code, The, Fernand N. Dutile

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.

146th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

146th University of Notre Dame Commencement and Mass Program

Summer

Bulletin Of Information, University Of Notre Dame Law School 1992-93, Volume 87, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Programs

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy

O'Neill Chair in Law

Robert E. and Marion D. Short Chair

The Paul J. Schier Chair in Legal Ethics

The Concannon Program of International Law

The Center …

146th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

146th University of Notre Dame Commencement and Mass Program including Law School awards

25 Years Of Women At Notre Dame Law School: The Early Years, Notre Dame Law School

About the Law School

The year 1966 stands as the first time women were invited to join the next class of lawyers to be educated at Notre Dame Law School.

Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes

Journal Articles

England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …

Rethinking Marriage: Feminist Ideology, Economic Change, And Divorce Reform, Margaret F. Brinig, June Carbone

Journal Articles

Making sense of divorce requires making sense of marriage. Yet, while the legal literature abounds with publications about the difficulties with modern divorce, it rarely mentions marriage. What is the role of marriage in the modern era? Does it continue to involve a lifelong commitment? Does it depend on the perpetuation of different roles assigned by gender? Should marriage remain the principal focus of societal provisions for childrearing? What is the role of the state in regulating this most intimate of relationships?

This Article attempts to address these questions by working backwards. With the decline in the importance of religion …

Process Of Constitutional Decision Making, Kenneth F. Ripple

Journal Articles

Over the past decade, our profession has engaged in an intense debate over the proper role of judges in the interpretation of our Constitution. This is not, of course, a new controversy. It has been with us ever since Chief Justice Marshall's decision in Marbury v. Madison.' However, during this last decade, the debate has taken on new dimensions. There is a new range and depth to the inquiry. What began as a discussion largely among members of the academic bar and some members of the judiciary has become a national political issue. Yet the basic question remains: In a …

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley

Journal Articles

From all the talk about our religious pluralism—how extensive, indelible, inarbitrable it is—one would expect that establishing one definition of religious liberty would be the mother of all civic disturbances. Wrong. We have a common definition of religious liberty. I can demonstrate our agreement with one exhibit: the immensely broad based denunciation of the 1990 Supreme Court decision, Employment Division v. Smith. Two counsellors at a drug rehabilitation center (Alfred Smith and Galen Black) appealed Oregon’s denial of unemployment benefits. Oregon cited the “misconduct” that led to their discharges. Their “misconduct” consisted of using the hallucinogenic drug peyote. Peyote …

The Criminal Jurisdiction Of Tribal Courts Over Nonmember Indians, Nell Jessup Newton

Journal Articles

Throughout most of the history of federal Indian law, the United States Supreme Court has expressed extraordinary deference to Congress as the principal policymaker in Indian affairs, while often filling in gaps with imaginative characterizations of congressional intent or relying implicitly on its own power to create federal common law. Judicially articulated doctrines such as that of inherent tribal sovereignty have rightly been identified as providing the legal framework which has given conceptual stability to Indian law and influenced Congress to enact some of its more humane Indian legislation. But in more recent years the balance has switched; it is …

Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell

Journal Articles

On August 2, 1990, Iraq invaded and swiftly occupied its neighbor, Kuwait. Within hours, the United Nations Security Council ("Council") condemned the invasion, demanding immediate and unconditional Iraqi withdrawal. During the Cold War, the United Nations (U.N.) rarely responded to aggression with anything more than such resolutions of condemnation. Either the Soviet Union or the United States regularly vetoed proposals to do more. The end of the Cold War has freed the U.N. to enforce the U.N. Charter's prohibition on the use of force. After August 2, it began enforcing the prohibition against Iraq.

When the drafters of the Charter …

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Journal Articles

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."

Lawyers And Liberations, Robert E. Rodes

Journal Articles

The Jesuit educational tradition stresses the importance of service to the community and especially to its underprivileged members. Much of the discussion at the Ignatian Year celebration held at St. Louis University centered on the role of the law school in the Jesuit educational tradition. However, I would like to propose that this discussion take on a much larger focus.

The ideas of community service, solidarity with the poor and professionalism within an ethical context, although integral to the Jesuit tradition, are relevant to society as a whole. Furthermore, integration of these concepts into law school education is merely a …

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …

Breaching The Union Constitution: Can A Member Make A Federal Case Of It? An Analysis Of Wooddell V. Ibew Local Union No. 71, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Wooddell v. IBEW Local Union No. 71, 502 U.S. 93 (1991). The author expected the Court to address whether Section 301 of the Labor Relations Management Act creates a federal cause of action under which a union member can sue his union for breach of the union's constitution.

Intestate Succession In A Polygamous Society, Barry Cushman

Journal Articles

The pursuit of polygamous unions by members of the Church of Jesus Christ of Latter-Day Saints in nineteenth-century Utah posed challenges for the law of the family unique in the annals of American legal history. The exotic familial relationships generated by plural marriages created novel and peculiar problems for the traditional law of intestacy. Mormon leaders, in an effort to avoid these problems, urged their polygamous brethren to make wills. Many polygamists, however, either neglected to plan their estates or were actively opposed to doing so. Mormon legislators accordingly sought to craft statutory schemes that would accommodate the peculiar inheritance …

Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford

Journal Articles

Despite its other successes, the General Agreement on Tariffs and Trade (GATT) has been criticized as being anything but successful in the antidumping arena. In particular, industries in the United States argue that GATT has failed to control dumping effectively and that alternative forms of relief are needed to counteract this unfair trade practice. The root of their concerns is the prospective nature of the existing remedy. Since antidumping duties are assessed only after a violation has been detected, dumping is essentially a risk-free, no-lose proposition, giving foreign exporters a free "first bite at the apple." The absence of monetary …

German Constitutionalism: A Prolegomenon, Donald P. Kommers

Journal Articles

This essay sets out to describe the main features of German constitutionalism, and it concludes by drawing some comparisons with the United States. The term "constitutionalism," however, suffers from the vice of vagueness. As Gerhard Casper has written, "it is neither clearly prescriptive nor clearly descriptive; its contours are difficult to discern; its historical roots are diverse and uncertain." Any attempt to explore the contours and roots of German constitutionalism in the global sense suggested by Casper's comment would be a major undertaking extending far beyond the limits of this study. As used here the term shall be limited to …

Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick

Journal Articles

This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially.

Presenting Expert Testimony, James H. Seckinger

Journal Articles

Mindful that the readers of this Commentary include both experienced advocates as well as lawyers embarking on new careers in the courtroom, this author has divided the Commentary into two parts. The first part considers the seven touchstones for a persuasive direct examination of an expert witness. This discussion should be useful for the experienced and inexperienced advocate alike. The second part of the paper is intended as a primer on practical matters surrounding the selection, preparation, and presentation of an expert as a witness at trial. Experienced advocates may find in these pages confirmation of their practice concerning the …