Law Commons^™

Ndls Update 12/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 10/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 09/1996, Notre Dame Law School

NDLS Update

No abstract provided.

151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

151st University of Notre Dame Commencement and Mass Program

Summer

Ndls Update 08/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Hoynes Code, The, David T. Link

Hoynes Code

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

Bulletin Of Information, University Of Notre Dame Law School 1996–97, Volume 92, Number 5, Notre Dame Law School

Bulletins of Information

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 Programs

The Law Program

Student Activities

Curriculum

Course Descriptions Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Professional Staff

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 in Law

The Paul J. Schied Chair in Legal Ethics

The Concannon Program of International Law

The Center …

151st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

151st University of Notre Dame Commencement and Mass Program including Law School awards

Ndls Update 05/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 04/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 03/1996, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/1996, Notre Dame Law School

NDLS Update

No abstract provided.

After Hours, Notre Dame Law School

1975–1999: David T. Link

Dean David T. Link is taking the spirit and community of NDLS on the road! He has been an integral part of two major home-building efforts by the Jimmy Carter Work Project of Habitat for Humanity International.

Direct Democracy And Hastily Enacted Statutes, John C. Nagle

Journal Articles

Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …

South Bend, Indiana: A Case Study Of The Possibilities And Realities Of Hospital Cooperation, Joseph P. Bauer

Journal Articles

South Bend, the county seat of St. Joseph County, Indiana, is a city with a population of slightly more than 100,000. Located about 100 miles from Chicago, it serves many of the educational, financial and health care needs of a five county metropolitan area of over 700,000 people. South Bend and its sister city, Mishawaka, are served by four general hospitals. The two largest each have about 40 percent of the available beds in the community. One of them, Memorial Hospital of South Bend, is a not-for-profit corporation which is unaffiliated with any other hospital; the other large hospital, St. …

Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John M. Finnis

Journal Articles

Largely rejecting Christian faith and every other recognition of human dependence upon transcendent intelligence and will, our societies are diverging further and further from every type of Christian commonwealth or "civilization of love." In such a situation, one must ask whether Christians involved in politics can have a reasonable expectation of shaping the main lines of public policy and law. Can they expect to do any more than, sometimes, help limit the damage and, always, bear witness to the faith and to the moral truths which are taught by faith?

Edward J. Murphy: A Professor For All Seasons, David T. Link

Journal Articles

Ed Murphy taught more Notre Dame law students than any other professor in the history of the University. To his students, he was more than a teacher; he was mentor and even legend. A mainstay at the Law School, Professor Murphy died in July of last year at the age of sixty-eight.

I was privileged to be his student, his colleague and his friend. I miss him very much. We all do. But, of course, his example lives on. He continues to be a part of the great Notre Dame spirit. Our recently appointed contracts professor tells me that every …

Social Justice And Liberation, Robert E. Rodes

Journal Articles

Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Journal Articles

Edward J. Murphy, my teacher, colleague, and friend, was as devoted as anyone at Notre Dame could be, to a Christian law school on this campus. He announced a personal and institutional claim, and he expressed his hope as well, when he told our graduating law class, in 1994, that this is "a school which publicly and without apology proclaims its religious roots."

And he was as interested as anyone could be in identifying those religious roots, and exploring the implications of them for the practice of law at the end of the twentieth century in the United States of …

The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig

Journal Articles

In this paper, I am going to concentrate on one family transition where we have established substantial legal barriers-that of emancipation. However, I will briefly allude to other "broken families," such as the divorcing family and the family divided by adoption.

As students of the family, we are preoccupied with divorce. We write about families in crisis and use the fabric of their lives worn thin and stretched to the breaking point to develop our ideas about what families are and even what they ought to be. In a way, of course, law teaching and the Socratic method drive us …

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Journal Articles

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Journal Articles

On a bulletin board at the University of Queensland, in Brisbane, Australia appears the following warning to students: "Please don't cheat in your exams; Senate is not inclined to be merciful." The emphasis in this entreaty on the role of the University governing board reflects a major difference, although only one of them, between the American and Australian treatments of student shortcomings, academic or disciplinary.

This Article will discuss, from an American perspective, the law affecting decisions regarding academic and disciplinary matters in Australian universities. This discussion will address not only internal university governance, but also the impact of Constitutional, …

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …

The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule

Journal Articles

A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.

Civil Procedure: The Last Ten Years, Jay Tidmarsh

Journal Articles

In my view, the story of the last ten years in civil procedure is the slow but inexorable creep of ideas and solutions developed for complex cases into routine cases, and the continued effort of litigators and judges in complex cases to develop ideas and solutions that push the procedural envelope still farther out-thus setting the agenda for the next generation of procedural reform.

I do not want to overstate my claim. The procedures for a lawsuit are still basically the same: a short pleading stage followed by a lengthy discovery stage followed by a culminating event of trial. But …

Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.

Lending Discsrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Vincent D. Rougeau, Keith N. Hylton

Journal Articles

Although it has been settled law for almost two decades, there has been a heightened interest in the Community Reinvestment Act (CRA) over the last several years. One factor driving this interest is the continuing economic decline of the inner cities and the consequent widening of the wealth gap between cities and surrounding suburbs in many areas of the country. A second factor is the consolidation of the banking industry, which has encouraged expansion-oriented banks to improve their CRA ratings to gain the approval of regulators. A recent effort to enhance enforcement of the statute, in part the result of …

Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates, Vincent D. Rougeau

Journal Articles

This article explores the specific question of setting a legal maximum for credit card interest rates. There has been extensive discussion in the popular press of the explosion of credit card use and the extraordinarily high interest rates people are willing to pay, through various fees and interest charges, to use them. Classic free-market economic arguments have been used to prevent the imposition of a federal cap on credit card interest rates, but there is strong evidence that economic models inadequately explain the credit card market and that a lack of interest rate controls has produced a dramatic transfer of …